3. Laws of Privacy Flashcards Preview

BARBRI - Torts > 3. Laws of Privacy > Flashcards

Flashcards in 3. Laws of Privacy Deck (9)
Loading flashcards...
1

Four torts in the law of privacy:

1. Appropriations

2. Intrusion

3. False Light

4. Disclosure

2

What is the tort of Appropriations?

The D uses the P’s name or image for a commercial purpose.

3

What is the exception for Appropriations?

Newsworthy exception: If it is newsworthy, then it is exempt.

4

What is the tort of Intrusion?

1. An invasion of P’s seclusion,

2. Where P had a reasonable expectation of privacy,

3. In a way that is highly offensive to an average person.

5

What is the tort of False Light?

The widespread dissemination of a major falsehood about the P, that would be offensive to an average person.

6

What are the damages in a False Light cause of action?

Emotional and psychological harm.

7

What is the tort of Disclosure?

The widespread dissemination of confidential information about the P, that would be highly offensive to an average person.

8

What is the exception to the tort of Disclosure?

Newsworthiness: If it has some degree of newsworthiness, then there will not be a cause of action. (Very broad — Tabloids)

9

What affirmative defenses are available for privacy torts?

1. Consent

2. The same privileges from Defamation are available for False light and disclosure