SCO Grp v. Novell Inc

Filing 787

Proposed Jury Instructions by Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brennan, Sterling)

Download PDF
SCO Grp v. Novell Inc Doc. 787 Att. 3 EXHIBIT C Dockets.Justia.com DE-JICIV 11.17 DEL. P.J.I. CIV. § 11.17 (2000) Page 1 Superior Court of Delaware Online Civil Pattern Jury Instructions, Complete & Annotated 2000 Edition 11. INTENTIONAL TORTS - Defamatory/Privacy Torts Defamation - Defense of a Conditional Privilege § 11.17 DEFAMATION -- DEFENSE OF A CONDITIONAL PRIVILEGE I have determined, as a matter of law, that [defendant's name] was privileged to publish false and defamatory communications. But a person with this privilege may not abuse it. You must determine whether [defendant's name] abused [his/her/its] privilege. If you find that [he/she/it] did, you may return a verdict in favor of [plaintiff's name] and against [defendant's name]. The privilege that applies to [defendant's name] is [__state privilege__]. This privilege is abused, however, if [defendant's name] made or published the false and defamatory communication intentionally, that is, with knowledge of its falsity; or recklessly, that is, disregarding whether it was true or false. The privilege is also abused when asserted outside [defendant's name]'s performance of [his/her/its] duties or functions that give rise to the privilege. {Comment: Examples of such conditional privileges include: Communications among persons with a common interest in a particular subject, such as work-related matters; intercommunications among immediate family members; good-faith communications intended to prevent a crime or to apprehend a criminal.} Source: Burr v. Atlantic Aviation, Del. Supr., 348 A.2d 179 (1975); Klein v. Sunbeam Corp., Del. Supr., 94 A.2d 385 (1953); Battista v. Chrysler Corp., Del. Super., 454 A.2d 286 (1982). See alsoRestatement of Torts § 593-598A (1965). DE-JICIV 11.17 END OF DOCUMENT © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?