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There is a subtle difference in the way courts view the legal theories—false light cases are about damage to a person's personal feelings or dignity, whereas defamation is about damage to a person's reputation. [3] The specific elements of the tort of false light vary considerably, even among those jurisdictions which do recognize this tort ...
However, the Court subsequently rejected the notion of a First Amendment opinion privilege, in Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990). In Gertz, the Supreme Court also established a mens rea or culpability requirement for defamation; states cannot impose strict liability because that would run afoul of the First Amendment. This ...
Lower courts had been relying on their standards for distinguishing expressions of opinion from statements of fact in defamation actions for several years' [citation needed] Having expected Milkovich to give them some test or standard to apply, they were caught off guard when the Supreme Court backed off.
The court noted that the defendant would have the right to draw away ducks to a pond of his own, raising as a comparison a 1410 case in which the court deemed that no cause of action would lie where a schoolmaster opened a new school that drew students away from an old school.
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
Wilkinson has been subsequently approved by both the Court of Appeal (Janvier v Sweeney [1919] 2 KB 316) and House of Lords (Wainwright v Home Office [2003] UKHL 53, [2004] 2 AC 406). Citing Pugh and the Irish courts as precedent, the Wilkinson court noted the willful nature of the act as a direct cause of the harm.
The current Act is the Defamation Act 1992 which came into force on 1 February 1993 and repealed the Defamation Act 1954. [81] New Zealand law allows for the following remedies in an action for defamation: compensatory damages; an injunction to stop further publication; a correction or a retraction; and in certain cases, punitive damages.
Most courts will still hold Dave's negligence to be an actual cause, as his conduct was a substantial factor in causing Paula's damage. This is sometimes called the substantial factor test. This is sometimes called the substantial factor test.