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9 Cards in this Set

  • Front
  • Back

Torts which come under the invasion of privacy umbrella

1- Intrusion into seclusion
2- Public disclosure
3- False Light
4- Appropriation

Elements to Intrusion into seclusion WK10

1-intentionaly Intrudes into a private place, conversation or matter
2- In a manner highly offensive to the reasonable person


One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person

Elements to Public Disclosure of private facts

1-Public Disclosure
2-Of a Private Fact
3-Offensive and objectionable to a reasonable person
4-Not newsworthy (of public concern)



One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is one a kind that would be highly offensive to a reasonable person and is not of legitimate concern to the public.

Elements to False Light

1-Publication made about P
2-Palces P in a false light (false facts)
3-That a reasonable person would object to
*Must be done with knowledge that is was false or knowledge with reckless disregard

Elements to Appropriation of name of

1-Use of someone's name or image
2- Without consent, use for the commercial gain

Fraudulent (or Intentional ) Misrepresentation



ELEMENTS?

1-Representation


2-which is material to the transaction at hand


3-Made falsely(with knowledge of its falsity or KRD


4-With Intent to mislead another into relying on it


5-Justifiable reliance on misrepresentation


6-Resulting injury was proximate cause by reliance



*Can get compensatory damages & punitive

Types of Misrepresentation

3 Types


-Fraudulent Misrepresentation


-Negligent misrepresentation


-Innocent Misrepresentation

Elements to Negligent Misrepresentation

1-Duty to provide accurate information


2-Breached it by given incorrect info


3-P Relied on inaccurate info (proximate cause)


4-Use of the info caused economic damages



Can get:


-Compensatory damages


-No punitive

Innocent Misrepresentation

1-Is there a material misrepresentation


2-Id the other party relied on it.



Can Rescind the K


Do not get damages