LAW 122 Lecture Notes - Lecture 3: Punitive Damages, Risk Management
23 Aug 2016
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Defendant makes a false statement that they know is untrue plaintiff suffers a loss. Test: plaintiff must prove defendant made false statement (i. e. half truth, failure to update information, duty to disclose and silence) Defendant knew the statement was false or was reckless in determining the truth (i. e. business manager does not look into whether or not this business was in legal problems prior to his employment during a business deal) Plaintiff suffered loss from reasonably relying on it (if there is not harm, there is no tort of deceit) Defendant makes a false statement that could lead a reasonable person to have a lower opinion of plaintiff. Elements: plaintiff must prove statement reasonably refers to plaintiff (irrelevant that defendant did n tinted to reference, plaintiff must be living, group statement must refer to plaintiff personally) Statement was published to third party (another individual must hear what has occurred, it does not have to be written)
