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Torts FYLSE > Page 46 > Flashcards

Page 46 Flashcards

1
Q

What are some examples of invasion of privacy?

A
  • non-physical sexual harassment
  • stalking
  • threats
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2
Q

What two other torts in addition to defamation often occur together and should be discussed on an essay when one appears?

A
  • wrongful infliction of emotional distress

- wrongful invasion of privacy

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3
Q

Can you recover for invasion of privacy for someone that is dead?

A

No, his right of privacy doesn’t survive his death (unless the invasion occurred before he died, then his estate can sue for him)

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4
Q

Can you recover for invasion of privacy for another person?

A

No

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5
Q

What are the four categories of invasion of privacy?

A

COMMERCIALLY manufactured FALSE Lashes are PUBLIC INTRUSIONS into our beauty standards.

  1. commercial appropriation
  2. false light
  3. public revelation of private facts
  4. intrusion onto seclusion
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6
Q

Which of the four categories of invasion of privacy is most tested?

A

Intrusion onto seclusion

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7
Q

What is intrusion onto seclusion?

A

When D intentionally and inappropriately interferes with P’s sphere of privacy in a highly offensive way to a reasonable person

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8
Q

What is a person’s sphere of privacy for intrusion onto seclusion?

A

His right to physical solitude or privacy of personal affairs/concerns

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9
Q

What are some examples of intrusion onto seclusion?

A
  • hidden cameras in a bathroom
  • hacking email
  • tapping phone lines
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10
Q

If you eavesdrop on someone’s conversation while walking on the sidewalk, is that considered an intrusion onto seclusion?

A

No

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11
Q

When do you you often see intrusion onto seclusion?

A

When a D secretly tries to learn something about the P

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12
Q

What kind of intrusions are included in intrusion into seclusion?

A

Physical and nonphysical ones

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13
Q

What is an example of a physical intrusion for intrusion onto seclusion?

A

Rummaging through someone’s personal effects

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14
Q

What are the elements of intrusion onto seclusion?

A
  • intent or negligence
  • intrusion by D into P’s private life
  • causation
  • highly offensive
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15
Q

What is required for the highly offensive element of intrusion onto seclusion?

A

It must be highly actionable to a reasonable person

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16
Q

What areas of your private life are protected by the law?

A

Those that you can reasonably expect will not be intruded on by someone in the defendant’s position

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17
Q

Would urine testing by an employer be considered intrusion into seclusion?

A

No, because corporations have no right to privacy

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18
Q

If something is a matter of public record, would that be an intrusion onto seclusion?

A

No, it has to be a private matter

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19
Q

Must a secret be discovered for intrusion onto seclusion?

A

No, the intrusion is enough

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20
Q

A plaintiff has a right to physical solitude and privacy of personal affairs, but that must be what?

A

Reasonable

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21
Q

What are situations you should watch out for for intrusion onto seclusion?

A
  • eavesdropping at windows

- peeping into key holes

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22
Q

What are the two things that could meet the intrusion element for intrusion onto seclusion?

A

A. Intrusion onto plaintiff’s property

B. Nonphysical intrusions

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23
Q

How would an intrusion onto the plaintiff’s property be considered intrusion onto seclusion?

A

Entering the property uninvited to get information or convey information to P

24
Q

What are some examples of non-physical intrusions that would count for intrusion onto seclusion?

A
  • tanning salon filming naked people
  • high-powered telescope
  • taping conversations
25
Q

What is required for the intent or negligence element of intrusion onto seclusion?

A

It must be shown that defendant intended the intrusion, not that he intended he offense

26
Q

If you negligently allow a third person to intrude on the plaintiff’s affairs, can you be liable for intrusion?

A

Yes, like an employer can be liable for his employees that act within the scope of his employment

27
Q

What is necessary to prove causation for intrusion onto seclusion?

A

Proximate and actual causation

28
Q

What are defenses to intrusion?

A

Consent

29
Q

What are damages for intrusion?

A
  • compensatory
  • punitive
  • pure emotional distress
  • mental anguish
30
Q

Can truth be a defense to intrusion?

A

No

31
Q

What is commercial appropriation?

A

Unauthorized use of plaintiff’s identity or likeness for defendant’s commercial advantage

32
Q

What does the plaintiff have to prove for commercial appropriation?

A

A lack of consent

33
Q

What are the kinds of things that you would publish that would count as commercial appropriation?

A

Plaintiff’s name, voice, face, likeness, figure without his permission, or any object/characteristic that is enough to identify the P

34
Q

Must commercial appropriation be highly offensive?

A

No

35
Q

What are the elements of commercial appropriation?

A
  • unauthorized use
  • by defendant of plaintiff’s name or likeness
  • for commercial purpose
  • causation
36
Q

If you make money off of an image, can that be commercial appropriation?

A

No, there has to be a connection with some product or service for some advertising purpose

37
Q

If you use someone’s picture in a newspaper article or write an unauthorized biography, can that be commercial appropriation?

A

No

38
Q

What would be a classic example of commercial appropriation?

A

Using a celebrity’s photo in an ad for a product

39
Q

If you use a celebrity’s name to sell a product, it clearly has commercial value, so what are the damages really about for commercial probation with a celebrity?

A

Interference with the right of publicity, and that celebrity’s right to sell endorsements to someone else

40
Q

If you use the image of a private person for commercial appropriation, what is the damage really about?

A

Invasion of privacy so the plaintiff can get compensation not for the commercial value of his name, but for interference with his right to be left alone

41
Q

If the purpose of a commercial appropriation is newsworthy, does the plaintiff have a case?

A

No

42
Q

What does commercial use for commercial appropriation mean?

A

Associated with sales, so feature stories, biographies, news, and creative works are not commercial

43
Q

What are defenses to commercial appropriation?

A

Consent and newsworthiness

44
Q

Is it okay to reprint action photos of a football star for an article and not be commercial appropriation?

A

Yes because it is newsworthy

45
Q

The media isn’t allowed to broadcast what or else it will become a commercial appropriation?

A

An entire commercial entertainment or performance without consent, even if it is a public interest (human cannonball coverage)

46
Q

What are damages for commercial appropriation?

A

Compensatory and punitive

47
Q

What kind of damages can celebrities get for commercial appropriation?

A
  • reasonable value of the use of their names/likeness

- any loss they sustained by being unable to sell themselves

48
Q

What kind of damages can a private person get for commercial appropriation?

A

Emotional harm is recoverable

49
Q

What is false light?

A

Something is published that attributes views to the plaintiff he doesn’t hold or actions he didn’t take that a reasonable person would find highly offensive

50
Q

What is an example of false light?

A

Baywatch guy on the Playgirl magazine

51
Q

What are elements of false light?

A
  • publication by D
  • that puts P in a highly offensive false light
  • knowing or reckless falsity if newsworthy matter
  • causation
52
Q

What is required for publication for false light?

A

Dissemination to a reasonable number of people

53
Q

If a matter is newsworthy, what is the only way it can be actionable for false light?

A

If the knowing or reckless falsity standard is met and publisher must have known or was blind to the fact

54
Q

What damages can be gotten for false light?

A

Compensatory and punitive:

  • reputational damage
  • emotional distress
  • pecuniary loss
55
Q

What is the only defense to false light?

A

Truth

56
Q

What is invasion of privacy?

A

Recent tort with four separate categories:

  • intrusion onto seclusion
  • commercial appropriation
  • false light
  • public revelation of private facts

Torts FYLSE (61 decks)

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