Midterm #2

• defamation - the action of damaging the good reputation of someone; slander or libel.

o slander - wrongfully hurting a person’s good reputation. Breaching this duty in orally involves the tort of standard

▪ Slander Per se – If a false statement constitutes “slander per se,” it is actionable with no proof of special damages required. In most states the following four types of declarations are considered to be slander per se:

o LIABLE – wrongfully hurting a person’s good reputation. Breaching this duty in writing or in another permanent form (such as digital recording)

• *TO ESTABLISH DEFAMATION; Plaintiff must normally prove the following: ▪ 1. The defendant made a false statement of fact ▪ 2. The statement was understood as being about the plainfiff and tended to harm the plaintiffs reputation ▪ 3. The statement was published to at least one person other than the plaintiff ▪ 4. If the plaintiff is a public figure, she or he must prove actual malice

o defenses ▪ Truth is normally an absolute defense against defamation ▪ If he speech is privileged or concerns a public figure ▪ Privileged communications. • Privilege or immunity

o public figures ▪ Politicians, entertainers, professional athletes, and others in the public eye are considered public figures. Public figures are considered “fair game” ▪ Considered fair game unless the statements are made with Actual malice

• appropriation - Use of another’s name, likeness or other identifying characteristic for commercial purposes without the owner’s consent • business torts o wrongful interference with contract