Tuesday, July 08, 2008

Mr. Cheezeplateur has an intentional tort claim based on a cause of action for "wrongful imprisonment"

The Bloomberg coverage of the latest diplomatic debacle on the farewell tour involves involves President Bush's own press corpse doing a PR hatchet job on the leader of Italy. Bloomberg's spin is to put the term 'insulting' in quotes like I just did and emphasize what bad character Belusconi really has.

What should be know about the tort of defamation is that it involves the malicious (as in intent to commit the tort) publication of information know to be false about a person (actually this tort also exists for recording bogus liens on surface or mineral estates, its called 'slander of title') and as such a complete defense is that the information is true.


It should be understood that the defense is complete because it destroys what of the necessary elements of the tort. This is as opposed to an affirmative defense, which is an exception that says, all the elements of the tort happened but some other things happened too that make it not a tort anymore.

Anyhow, because to show that its true that someone is a bad character requires evidence of being a bad person, the type of bad character evidence which is normally inadmisable in a civil case become admissable.

Final comment: look at the photo that Bloomberg chose for the article. It's Bush, walking around, totally free of any context by the background: a field of green grash cropped close in the photo. What a great job! Here: one good turn deserves another. Here's my context for this blog entry. My -- Text -- has --- trapped -- the -- Cheese!
"Too late or still too soon too soon to make lots of bad love and there's no time for sorrow. Run around, run around with a hole in your head 'til tomorrow."
-----They Might Be Giants