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1. Introduction. This tort is used when the others can't be used.

2. Definition. The text defines this tort as "an intentional act that amounts to extreme and
outrageous conduct resulting in severe emotional distress to another."

3. This is one of the more difficult torts to prove because you not only have to prove that the
defendant had the intent to commit the act, but you also have to prove that the act was extreme or
outrageous.

G. Defamation. A person's interest in his reputation is protected by a tort action called defamation.

1. Proof for Defamation. An individual has a case for defamation if he can show:

a. Defamatory Statement. There was a false and defamatory statement concerning him;

b. Publication. The statement was communicated to a third party;

c. Fault. The statement was either intentionally made or negligently made; and

d. Special Harm. Some special harm resulted.

2. Slander. If a statement is merely spoken it is called slander.

3. Libel. If the statement is written, it is called libel.

H. Defenses to Defamation. There are several defense to defamation. They can be broken into two
categories called absolute defenses or privileges.

1. Absolute. Truth is an absolute defense. But the statement must be 100% truthful.

2. Public Figure. Public figures include officials and employees who exercise substantial
governmental power, and generally in persons in the public limelight.

3. Privileges. The following are recognized as privileges;

a. Statements made in Judicial Proceedings

b. Statements made in Legislative Proceedings

c. Statements made by government official in the course of their jobs.

I. Invasion of Privacy. Invasion of privacy primary deals with the right to be left alone. There are four
different acts which qualify as an invasion of privacy.

1. Appropriation. The first act is called appropriation. Under this act a plaintiff can sue if his name
or picture has been appropriated by another for his financial benefit.

2. Intrusion. The second act is called intrusion. This is the intrusion upon an individual's right of
seclusion.

a. The text list a couple of good examples. I.E. invading someone's home or illegally
searching someone's briefcase.

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