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Tort Law Case Study

Tort Law Case Study. Prof. Avv. Bruno Tassone Docente di Principles of Civil Law LUISS Guido Carli. The Case. Francesca is a judge of the Tribunal of Messina, serving in the Civil Section of the Court.

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Tort Law Case Study

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  1. Tort Law Case Study Prof. Avv. Bruno Tassone Docentedi Principles of Civil Law LUISS Guido Carli

  2. The Case • Francesca is a judge of the Tribunal of Messina, serving in the Civil Section of the Court. • Patrizia is the President of the said Section and in August 2001 she requires Francesca to sit only for one day in a hearing (pursuant to procedural law requiring a panel of three judges) deciding on a bankruptcy case (which Francesca has never followed): one of the three judges of the panel that day is sick and Francesca is asked a favor. • Patrizia is also the President of the panel and during the hearing she says the debts have been miscalculated, so that they must be reduced of 10 Millions Euros. • No one objects anything and the panel resolves for the said reduction, so that the company does not go bankrupt.

  3. On November 10, 2006, many newspapers publish articles about a breaking piece of news: in the early morning the Police arrested Patrizia and dozens of other people within a big investigation against “mafia”: they are charged of various crimes, from corruption (art. 319-ter of the Penal Code) up to being part of a criminal organization (Art. 416-bis Penal Code). • Francesca also learns that there is an investigation against her and the third judge of the panel for “abusod’ufficio” (art. 323 p.c.): the prosecutor assumes that the three Judges “saved” the Company under an agreement with Patrizia, as no miscalculation of debts really existed. • in July 2009 and at the end of the “indaginipreliminari” Francesca is fully discharged of any crime.

  4. The Articles • Newspaper A says that “Francesca and Patrizia have been arrested because of an important criminal investigation”; • Newspaper B says that “Francesca is investigated together with Patrizia for their connection with mafia”; • Newspaper C says that “Francesca is investigated with Patrizia and Patrizia is charged of various crimes, from corruption up to being part of a criminal organization”; • Newspaper D says that “Francesca is charged of abusod’ufficio in the investigation which brought to the arrest of Patrizia and other people for their connection with a criminal organization”.

  5. The Questions • Is there any action that Francesca can bring against the newspaper in general (under tort law)? • If so, under which conditions? What does Francesca needs to prove? • Under those conditions, which of the four newspaper would you deem responsible for libel and defamation?

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