Intrusion into Seclusion tort

Question 1

Elements of intrusion into seclusion

Answer 1

1. Intentional, unauthorised intrusion
   - consent?
   - accident?
2. Into seclusion
   - intimate personal space?
3. Reasonable expectation of privacy
4. Highly offensive to a reasonable person
   - what were the intentions?

Question 2

C v Holland

Answer 2

• inherent expectation of privacy
• reasonable morals

Question 3

Faesenkloet v Jenkin

Answer 3

Not reasonable expectation of seclusion in a public space

Question 4

Campbell

Answer 4

• Can set public record straight but not share too much personal stuff
• If someone has made the concern public there is a much lesser expectation of privacy

Question 5

Which cases are used for the highly offensive element?

Answer 5

Same as Negligence:
- Hosking v runting
- Peck v UK
- Campbell

Question 6

Intentional and unauthorised intrusion case(s)?

Answer 6

C v Holland

Question 7

Into seclusion + Reasonable expectation of privacy case(s)?

Answer 7

• C v Holland (inherent expectation of privacy)
• Faesenkloet v Jenkins (not reasonable expectation)

Question 8

Intentional and unauthorised intrusion cases?

Answer 8

C v Holland

Question 9

Into seclusion cases?

Answer 9

C v Holland
Faesenkloet v Jenkins