BUS 205 Lecture Notes - Lecture 21: Intentional Tort, Punitive Damages, Actual Malice

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8 Oct 2018
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If what they said was actually true (even if it was harmful) Generally cannot be proven true or false (because it is subjective) Cases where a supposed statement of fact clearly should not be taken literally. Can win a defamation case only by proving actual malice by the defendant. The defendant knew the statement was false or acted with reckless disregard of the truth. ***ny times v. sullivan (us supreme court 1964) 230 immunizes interactive computer providers from claims based on information posted by a third party. Money intended to restore a plaintiff to the position he was in before the injury. A plaintiff receives money for medical expenses that he has proven by: Producing bills from doctors, hospitals, physical therapists, and psychotherapists. A plaintiff is paid for pain and suffering. Requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses.

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