LAW 1507 Lecture Notes - Lecture 11: Rebel Wilson
30 Jun 2018
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Professor
TORTS LECTURE REMEDIES
Non-economic (general) damages- injury to reputation
Economic loss resulting from defamatory publication (impact on ability to earn
income)
Aggravated damages
Purposes for awarding general damages- Consultation; repair harm to reputation;
Vindication for the harm done to reputation
How far did defamation travel?
Cap on non-economic damages in most cases- $230,000 but if aggravated damages
are also relevant the cap doesn’t apply
Court will take into account- Did the defendant insist that what they said was true,
did they keep saying there was consent to publish the information, was there
improper conduct that increased risk to plaintiff?
The court concluded in Rebel Wilson ‘but for the defamation Rebel Wilson would
have received more substantial roles following Pitch Perfect 2.’
Injunctions rare because they are to prevent expression on something that hasn’t
happened yet and hasn’t been proven to be legally wrong
Indirect conduct interfering with plaintiff’s land
Types of interference for nuisance-
Tangible- fires, flood, dust, golf balls etc.
Intangible interference- noise, smells etc.
Substantial interference- What is the impact the defendant’s conduct is having on
the plaintiff?
Is it temporary or permanent and ongoing?
What time of day is it occurring (especially regarding noise)?
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Melissa Sparrow (a1668063)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Economic loss resulting from defamatory publication (impact on ability to earn income) Purposes for awarding general damages- consultation; repair harm to reputation; Cap on non-economic damages in most cases- ,000 but if aggravated damages are also relevant the cap doesn"t apply. The court concluded in rebel wilson but for the defamation rebel wilson would have received more substantial roles following pitch perfect 2. ". Injunctions rare because they are to prevent expression on something that hasn"t happened yet and hasn"t been proven to be legally wrong. Tangible- fires, flood, dust, golf balls etc. Clarey v women"s college- no actionable nuisance for noise created by those living in a residential college since it was merely incidental to occupation. Defendant argued that keeping the foxes was extra sensitive but the defendant should be free to shoot a gun on his land because it was a part of the ordinary use of his land.
