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7 Cards in this Set

  • Front
  • Back
What are the 4 privacy torts?
1. Intrusion into private affairs
2. Public disclosure of private facts
3. False light
4. Appropriation of name or likeness
Intrusion into private affairs elements:
1. P has reasonable expectation of privacy.
2. D intentionally intruded
3. D's intrusion would be highly offensive to a reasonable person in P's place
4. P was harmed
5. D's intrusion was a Sub. Fact. in causing harm.
Public disclosure of private facts elements:
1. D publicized info about P
2. A reasonable person in P's position would be highly offended.
3. D Knew or acted with reckless disregard that a person would be offended.
4. Private information was not of legitimate public concern.
5. P harmed.
6. D's action subs. fact of harm.
False light elements:
1. D published info showing P in a false light.
2. The publication would be highly offensive to a reasonable person in P's place
3. Clear and convincing evidence that D knew the publication would create a false impression or acted with reckless disregard for the truth.
4. P harmed
5. D subs. factor causing harm
Appropriation of name or likeness elements:
1. D used P's name or likeness
2. D gained benifit or advantage by using P's name
3. P harmed
4. D subst. factor in harm
5. Privacy interest outwieghs the public interest served by D's use of name.
Defense to Use or appropration of name or likeness:
1. The "use" adds something new to P's likeness, giving it a new expression, meaning or message.

OR

2. That the value of the "use" does not result primarily from P's name.
Damages that can be awarded in a privacy tort
1. mental suffering/anxiety/humiliation/emotional distress.
2. harm to reputation and community standing
3. the commercial value of P's name or likeness
4. other applicable damages.