LAW 122 Lecture Notes - Lecture 3: Intentional Tort, Risk Management, No Liability
29 Mar 2016
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Document Summary
Defenses to intenional torts: complete and parial. To avoid the tort of deceit, be careful to not create the wrong percepion! Pufs: this is the most stylish car you will ever drive! . Defamaion: defendant makes a false statement that could lead a reasonable person to have lower opinion of plainif. Plainif must prove: the statement reasonably refers to the plainif, the statement could hurt plainif"s reputaion, the statement was published to a third party, the statement was not true. Business faces special risk when trying to enhance own reputaion by disparaging compeitors. Social media presents risks to employers: vicarious liability for employee" defamaion and directly as potenial publisher of defamaion material. Jusiicaion (that the statement is true): honest and reasonable belief in truth insuicient. Privilege: encourages free speech: absolute privilege, qualiied privilege. Fair comment: encourages useful debate on signiicant issues. No liability even if statement made in bad faith.
