Torts Lecture Three: Defamation, Privacy Torts, Economic Torts, and Vicarious Liability (Part 3 of 3) (Part 2)

Law School

The four essential elements of common law defamation are: (1) a defamatory statement, (2) the statement was "of or concerning" the plaintiff, (3) the statement was published to a third party, and (4) the plaintiff suffered damages as a result.

Libel is defamation in written or other tangible form and is generally actionable without proof of special damages. Slander is spoken defamation and typically requires proof of special damages unless it falls under the category of slander per se.

Actual malice is defined as knowledge that a statement was false or reckless disregard for whether it was true or false. This high standard applies to public officials and public figures in defamation claims due to First Amendment considerations.

Intrusion upon seclusion occurs when a defendant intentionally intrudes upon the solitude, seclusion, or private affairs of another in a manner that would be highly offensive to a reasonable person. An example is unauthorized wiretapping of a private phone line.

The key element in appropriation of name or likeness is the defendant's use of the plaintiff's name, image, or identity for a commercial purpose without the plaintiff's consent, thereby exploiting the economic value of their identity.

To establish intentional interference with contractual relations, a plaintiff must show: (1) a valid contract, (2) the defendant's knowledge of the contract, (3) the defendant's intentional acts to induce a breach or interfere with the contract, (4) an actual breach or disruption, and (5) resulting damages.

"Scope of employment" refers to activities that an employee is hired to perform, occur substantially within the authorized time and space limits of their job, and are motivated, at least in part, by a purpose to serve the employer.

One exception to the rule that employers are not liable for independent contractors' torts is when the activity involved is inherently dangerous, meaning it poses a significant risk of harm that cannot be eliminated by reasonable care.

The single publication rule states that all copies of a publication are treated as a single publication for the purposes of a defamation action, limiting the number of lawsuits that can arise from widespread dissemination of the same defamatory material.

When a private individual sues for defamation involving a matter of public concern, they must generally show at least negligence on the part of the defendant. To recover presumed or punitive damages, they typically must demonstrate actual malice.