Business Law UHD CH.6

False statments that hurt someones rep
Four elements-Facts that plantiff must prove
-Defamatory statement
-Falseness
-communicated
-injury

Valid defense in a defamation suit

recive less protection from def. Can win a case only by proving actual malice by the defendant.(Actually knew the statement was false or acted with reckless disregard of the truth.)

Immune from 3rd party postings

Defendants receive additional protection from def cases when it is important for them to speak.

Exists between two people who have a legitimate need to exchange information.

A store may detain a customer or worker for alleged shoplifting provided there is reasonable basis for the suspicion and the detention is done reasonably

A tort. It can be the intentional infliction of emotional distress, meaning that the defendant behaved outrageously and deliberately caused the plaintiff severe psychological injury, or it can be the negligent infliction of emotional distress, meaning that the defendant’s conduct violated the rules of negligence.

Money intended to restore a plantiff to the position he was in before the injury.
Medical
lost wages
pain and suffering

The rehensibility of the defendants conduct
the ratio between the harm suffered and the award
diff between the punitive award and any civil penalties used in sim cases

should not be 9 times greater than compensatory damages

non economic damages (pain and suffering) cant exceed 3 times the economic damages or 250k total

There was a contract between the plaintiff and 3rd party
defendant knew of contract
defendant improperly induced the 3rd party to breach the contract or made performance of the contract imposs
there was injury to the plaintiff

Defendants defense to claim that special circumstances made its conduct fair.
show that it was acting to protect an existing economic interest
-acting in the public interest
-the contract could be term at will

need be no contract. a plantiff who has a definite and reasonable expectation of obtaining an economic advantage may sue corp that maliciously interferes and prevents the relationship from developing.

prohibits the use of someones likeness or voice for commercial purposes

broad protection against false statements intended to hurt another business
plantiff must prove 3 things
that the defendants made false or misleading fact statements about the plaintiffs business
that they used it in commercial advertising or promo
statements create likelihood of harm to the plaintiff