Term
| CL elements of defamation: |
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Definition
1. publication-
2. defamatory statement
3. of and concerning the P
4. Fault- on D's part negligence/ malice
5. ** Certain types of slander cases, special harm is requiered (pecuniary) |
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Term
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Definition
| communication of that statement to a 3rd party |
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Term
| Does publicatoin require widespread dissemination? |
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Definition
| No- only requires communication in some understandible form to 1 or more persons besides P |
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Term
| In order for D to be responsible for publication D needs? |
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Definition
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Term
| In order for communication to be made what needs to happen? |
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Definition
| material needs to be understood by at least 1 recipient of it |
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Term
| Can be still recover if no one belives defamation? |
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Definition
requirement of understanding is not requirement of belief.
P Can still recover if no one believes the defamation. |
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Term
| Are intra-corporate communications publicatoins? |
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Definition
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Term
| Are communications to spouse communications? |
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Definition
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Term
| What is a repeater of defamatory material? |
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Definition
is also a publisher
and subject to liability for his publication |
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Term
| what happens with defamattory matter exhibited on land and chattels? |
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Definition
| 1 is liable for intenetionally and unreasonably failing to remove defamatory matter he knows to be exhibited on his land or chattels |
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Term
| what does a publication mean? |
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Definition
1, what the recipient correctly understands that it was intended to express, and
2. what the recipient mistakenly but reasoably understands that it was intended to express. |
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