New Hampshire
How Cohen v. Cowles Media Co. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Other.
New Hampshire recognizes actions for breach of contract and misrepresentation, particularly in the context of journalistic practices. The state has applied the principles from Cohen v. Cowles Media Co. to uphold the notion that promises made in good faith should be honored, particularly in communication-related contexts.
In New Hampshire, a party can recover damages for breach of contract if there is a clear agreement, even if informal, especially when reliance on the promise leads to detrimental action.
The court held that a journalist could be liable for breaching a promise of confidentiality made to a source.
The court ruled that misrepresentation could result in liability even if the statement was made in a non-commercial context.
The court affirmed that damages could be sought for broken confidences, reinforcing the principles of ethical obligations in media.
New Hampshire's approach is similar to the federal standard in that both recognize a breach of contract and promise reliance but may offer different thresholds for proving such claims. Federal courts often emphasize the First Amendment protections more heavily, which may limit claims against media companies in some contexts.
The principles from Cohen v. Cowles Media Co. are often discussed in relation to tort law and breach of contract topics on the New Hampshire bar exam, particularly concerning media law.