SMG LA 245 Lecture Notes - Lecture 2: Getty Oil, Pennzoil, Actual Malice
22 Oct 2018
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Categories of torts: intentional torts: do not necessarily require an intention to harm the victim, only an intention to perform the act which caused the injury i. e. throwing a ball. Intentional torts include business torts, which are a category of torts perpetuated exclusively by business entities: negligence and strict liability: unintentional or accidental torts which we will discuss in the next chapter. Opinion - to be defamation, the statement must be provable as a fact and not simply someone"s opinion. Extreme exaggerations are also not taken as fact. Public personalities: includes public of cials, politicians, and celebrities. Public personalities have a harder time winning defamation case because they have to prove that the defendant acted with actual malice. Malice means the defendant knew the statement was false or acted with reckless disregard for the truth. Extreme and outrageous conduct that causes serious emotional harm. Ex: jane doe and nancy roe v. lynn mills.
