Defamation encompasses the two related torts of _____ (written) and slander (spoken), though many jurisdictions, such as Indiana, have in recent years combined the two torts into one, defamation.
A communication is defamation ___ ___, and damages can be presumed, if the communication imputes: (1) criminal conduct; (2) a "loathsome and communicable" disease; (3) misconduct in a person's trade, profession, office, or occupation; or (4) sexual misconduct.
___ ____ is a tort allowing recovery of damages where a defendant has made a false statement disparaging the plaintiff's goods or business.
______ liability refers to the liability of a manufacturer, seller, or other supplier of a chattel which, because of a defect, causes injury to a consumer, a user, or in some cases a bystander.
_______ (including retweeting, sharing another's post, etc.) of another's defamatory statement is considered a publication and can give rise to a defamation claim.
_____ ______ is typically available as a theory of recovery in cases involving abnormally dangerous activities, harm caused by animals (particularly known dangerous propensities or trespassing animals) and in product liability cases.
The six factors considered in determining whether strict liability applies include whether there is a high degree of ______, _____ of serious harm, _____ cannot be eliminated by due care, not a common activity, inappropriate location, and social value of the activity is outweighed by its dangerousness.
Under NYT v. Sullivan (1964) and cases following that decision, for public officials or public figures to prove a defamation claim requires a showing of "____ _____," which is defined as knowingly making a statement that is false or making the false statement with reckless indifference as to whether the statement is false. A question on some of the current event defamation cases, the "actual malice" element and how it plays out in these cases, and the societal impact of these current event cases in the modern media landscape would be a good essay question.
_____ of privacy includes four distinct torts, which all protect a plaintiff from unreasonable interference with his privacy: appropriation (where plaintiff's name or picture is used by defendant for financial gain); unreasonable intrusion (defendant intentionally intrudes upon seclusion of plaintiff in a way that would be highly offensive to a reasonable person); public disclosure of private acts (defendant publicizes details of plaintiff's private life that would be highly offensive to a reasonable person); and false light (defendant puts plaintiff before the public in a false light that would be highly offensive to a reasonable person).
The policy reason for imposing strict liability in ______ liability cases is that the merchants and manufacturers can better bear the risk of loss than the plaintiff. They can internalize the costs of accidental losses and can distribute such losses among the consumers who purchase their products.
A _______ for goods sold can be express or implied.