Torts and Sports: Legal Liability in Professional and Amateur Athletics

By Raymond L. Yasser | Go to book overview

5
Defamation and Invasion of Privacy

Defamation

The rules governing liability for defamation make about as much sense as the rules governing the conjugation of irregular verbs in French. What follows is an attempt to present, as clearly as possible, a picture of the current rules.


Profile of the Tort of Defamation at Common Law: The Plaintiff's Prima Facie Case--A Strict Liability Tort

The tort of defamation, as it existed at common law, can be defined as the unconsented to and unprivileged intentional communication to a third person of a false statement about the plaintiff which tends to harm the reputation of the plaintiff in the eyes of the community. Consent and privilege are affirmative defenses that must be pleaded and proved by the defendant. Once defamatory meaning is apparent, injury to reputation is generally presumed as a matter of law. Moreover, the plaintiff is given the benefit of a rebuttable presumption that the statement is false, thus making truth a defense to be pleaded and proved by the defendant. Therefore, the plaintiff's prima facie case consists of a simple allegation that the defendant intentionally communicated to a third person a statement about the plaintiff which tended to expose the plaintiff to such things as public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation, or disgrace.

It should be noted that the tort of defamation is in substance one of strict liability. That is to say, the only intent that is required is the in-

-87-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Torts and Sports: Legal Liability in Professional and Amateur Athletics
Table of contents

Table of contents

  • Recent Titles from QUORUM BOOKS ii
  • Title Page iii
  • Contents vii
  • Preface xi
  • Acknowledgments xiii
  • 1 - Tort Liability of One Participant to Another 3
  • Bibliography 28
  • 2 - The Spectator as Plaintiff 31
  • Bibliography 50
  • 3 - Medical Malpractice in Athletics 51
  • Bibliography 64
  • 4 - Products Liability for Defective Athletic Equipment 65
  • Bibliography 85
  • 5 - Defamation and Invasion of Privacy 87
  • Bibliography 115
  • 6 - Worker's Compensation Laws and the Athlete 117
  • Bibliography 140
  • 7 - Intentional Interference with Contractual Relations 143
  • Bibliography 156
  • Table of Cases 157
  • Index 161
  • About the Author 165
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 172

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.