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10 Cards in this Set
- Front
- Back
Invasion of Privacy
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4 different torts that comprise of the tort of invasion of privacy.
Intrusion Upon Seclusion or Private Affairs Misappropriation False Light Publication |
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Intrusion upon Seclusion or Private Affairs
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When defendant INTRUDES upon the SOLITUDE OR SECLUSION of another OR his PRIVATE AFFAIRS in a way that is OBJECTIONABLE TO A REASONABLE PERSON. Affairs and areas are private when a plaintiff has a REASONABLE EXPECTATION OF PRIVACY in them.
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Intrusion
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It can be an actual PHYSICAL INTRUSION into an area, use of senses to observe a secluded area or overhear a private conversation, OR some other form of prying or investigation.
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Misappropriate (Appropriation of Name or Likeness
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Unauthorized use of plaintiff's name or likeness for commercial benefit. Liability is limited to commercial advertisements or promotions.
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False Light
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Defendant GIVE PUBLICITY TO PLAINTIFF concerning VIEWS HE DOES NOT HOLD OR ACTIONS HE DID NOT TAKE.
The false light must be highly OFFENSIVE to a reasonable person and the information must be MADE PUBLIC. |
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Publication of Private Facts
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Tort is committed when a defendant publicly discloses private information about plaintiff that is HIGHLY offensive to a reasonable person AND not of LEGITIMATE CONCERN to the public.
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Common Elements
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To claim any of these torts, plaintiff must also establish;
1. Causation (proximate) 2. Damages |
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Defenses
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Consent
Absolute Privilege Qualified Privilege |
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Absolute Privilege
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Defendant may assert when:
1. During judicial proceedings; 2. By Legislators in debate; 3. By Federal executive officials; 4. In compelled broadcasts; and 5. In between spouses. |
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Qualified Privilege
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Defendant may assert for:
1. Reports of official proceedings; 2. Statements in the interest of publisher; 3. Statements in the interest of the recipient; and 4. Statements in the common interest of the publisher and recipient. |