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9 Cards in this Set
- Front
- Back
Torts which come under the invasion of privacy umbrella |
1- Intrusion into seclusion |
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Elements to Intrusion into seclusion WK10 |
1-intentionaly Intrudes into a private place, conversation or matter 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 |
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Elements to Public Disclosure of private facts |
1-Public Disclosure
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. |
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Elements to False Light |
1-Publication made about P |
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Elements to Appropriation of name of |
1-Use of someone's name or image |
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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 |
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Types of Misrepresentation |
3 Types -Fraudulent Misrepresentation -Negligent misrepresentation -Innocent Misrepresentation |
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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 |
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Innocent Misrepresentation |
1-Is there a material misrepresentation 2-Id the other party relied on it.
Can Rescind the K Do not get damages |