Term
| Defamation: Elements 5 + damages |
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Definition
1. Defendant must make a defamatory statement that specifically identifies the plaintiff
2. Publication: At least one other person besides plaintiff
3. Damages:
Libel- written or captured in any other format
Slander- Spoken (presumed in 4 categories)
a. statement about plaintiff's business or profession
b. statement that plaintiff has committed crime of moral turpitude
c. statements imputing unchastely to a woman
d. loathsome disease
ALL OTHERS MUST BE PROVED
4. Falsity of the statement
5. Fault
public figure = intent/recklessness
private= negligent |
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Term
| Defenses to Defamation (4) |
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Definition
1. Consent
2. Truth
3. Privileges:
Absolute
Qualified
4. Special Cases (1st Amendment)
Public interest |
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Term
| Six Special Cases for Negligent: Differs from Reasonable Person Standard |
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Definition
1. Negligence claims against children
2. Professional malpractice
3. Premises Liability
4. Statutory standards of care
5. Duties to act affirmatively
6. Negligent infliction of emotional distress |
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Term
| Premises Liability: 4 Types |
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Definition
1. Undisovered Treapasser - No futy
2. Discovered/anticipated trespasser- known, mandmade, deathtrap
Artificial condition
Highly dangerous condition
Concealed
Known to landowner
3. Licensees (social guests)- all known traps
concealed conditon (not open or obvious)
Possessor must have prior knowledge
4. Invitee- Confers economic benefit- All rasonably knowable traps
Concealed condition
possessor know or could have larned through reasonable inspection
MARYLAND: Bare licensees are treated as discovered trespassers!
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Term
| Statutory Standard of Care |
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Definition
| Violation of statute is ONLY EVIDENCE OF NEGLGIENCE in Maryland |
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Term
| Duties to Act Affirmatively |
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Definition
No duty to rescue, but if you do, must do so as reasonable person
MARYLAND: Good samaritan statutes applies to only doctors/nurses; firefighters/police/EMT; Ski patrol; Achitects/Engineers during emergency |
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Term
| Negligent Infliction of Emotional Distress |
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Definition
1. Near Miss: defendant placed plaintiff in zone of physical danger
2. Bystander: Plaintiff is contemporaneous witness to serious negligent injury on a close family member
3. Relationships:Plaintiff and defendant in preexisting relationship adn emotional distress is highly foreseeable consequence of carelessnes
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Term
| Proximate Cause: Was it foreseeable that breach of duty caused its consequences? 4 settled cases |
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Definition
1. Casing involving intervening medical negligence
2. Intervening negligent rescues
3. Intervening protection or reaction forces (pedestrians running away get hurt)
4. Subsequent disease or injury |
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Term
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Definition
1. Traditional contributory negligence
2. Last clear chance
3. Implied assumption of the risk
4. Comparative negligence |
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