Torts - Privacy

Front 1

Privacy: Four Causes of Action:

Back 1

1) Appropriation

2) Intrusion

3) False Light invasion of privacy

4) Disclosure

Front 2

Appropriation: Defined

Back 2

Defendant uses the plaintiff's name or picture for a commercial purpose.

Front 3

Exemption for Appropriation

Back 3

If the item is newsworth it is exempt (not limited to celebrities)

Front 4

Intrusion: Defined:

Back 4

1) An invasion of the plaintiff's seclusion in a way highly offensive to an average person (unauthorized wiretapping, video surveillance, eavesdropping, peeping toms

2) That occurs in a place where the plaintiff has a reasonable expectation of privacy

Front 5

False Light Invasion of Privacy: Defined

Back 5

Widespread dissemination of a material falsehood about the plaintiff that would be highly offensive to an average person. - Have to tell lots and lots of people (false gossip tort)

Can sue for defamation and falselight simultaneously, but you can also have a false light statement that is not defamatory (telling everyone you are roman catholic when you are devoutly jewish

Front 6

Disclosure: Defined

Back 6

The widespread dissemination of confidential information about the plaintiff, highly offensive to the average person (true gossip)

Front 7

Disclosure: Exception

Back 7

If the item is newsworthy ( think investigative journalism)

Front 8

Disclosure: "private requirement"

Back 8

the informaitonmust be truly private, if you have shared it with some people, it is not protected

Front 9

Affirmative Defenses to all four Privacy torts

Back 9

1) Consent

Front 10

Affirmative defense to False light/Disclosure

Back 10

the absolute and qualified priveleges in defamtion law

(consent too, of course)