LAW 122 Lecture Notes - Lecture 3: Intentional Tort, Implied Consent, Risk Management
28 Jan 2016
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Avner levin lecture 3 business torts chapter 4-5. Deceit: occurs when the defendant makes a false statement that the defendant knows is false/untrue. Defamation: defendant makes a false statement that could lead a reasonable person to have a lower opinion of plaintiff. Plaintiff must prove: statement reasonably refers to plaintiff, statement could hurt plaintiffs reputation, statement was published to third party, statement was not true. Complete immunity from liability, no liability even if statement made in bad faith. Between high government officials dealing with government business. By a judge, lawyer, litigant, or witness in legal proceedings. Applies when there is a legal, moral or social obligation to make a statement to someone with a similar duty or interest in receiving it. Liability if statement made in bad faith or motivated by malicious purpose. Expression of an opinion on a matter of public important: Opinion most relate to issue of public interest.
