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Question 1

What are considered private facts for public revelation of private facts?

Answer 1

Things about the plaintiff’s life that are not open to public view, inspection, or record

Question 2

If information comes from public records, can that be considered public revelation of private facts?

Answer 2

No

Question 3

What would be some examples of public revelation of private facts?

Answer 3

• medical records being published
• disclosing someone’s identity and details about their past life
• doctor releasing pictures he took of a patient’s anatomy or embarrassing info

Question 4

What are the elements of public disclosure of private facts?

Answer 4

• public disclosure of private facts about plaintiff
• fault in making the disclosure
• no legitimate public interest
• highly offensive to a reasonable person
• causation

Question 5

What are some examples of things that would be considered highly offensive to a reasonable person for public revelation of private facts?

Answer 5

Newspaper saying plaintiff had an embarrassing disease, sex change, or affair

Question 6

If it was published that someone was doing their laundry, would that be considered public revelation a private facts?

Answer 6

No, because that is not highly offensive

Question 7

What does the plaintiff’s private life mean for public disclosure of private facts?

Answer 7

Things the public hasn’t already received and that aren’t open for public observation or in the public record

Question 8

If someone publicly discloses your age, can that be public disclosure of private facts?

Answer 8

No, because your age is public record

Question 9

If an event occurs in public, can that be privileged for public disclosure private facts?

Answer 9

No, so if you march in a gay pride parade, someone can report on it

Question 10

If you tell a very small group of trusted friends and family something with the understanding it will be kept confidential, is that information still considered private?

Answer 10

Yes

Question 11

Public disclosure of private facts must involve publicity to what?

Answer 11

The public at large or enough people that it is likely to reach the public

Question 12

If a letter is sent from a collection agency to the plaintiff’s employer, is that a public disclosure of private facts?

Answer 12

No, because it was just one letter and wasn’t published to the public at large

Question 13

What does the “no legitimate public interest” element mean for public disclosure of private facts?

Answer 13

That the publicized facts were not newsworthy and had no legitimate public interest

Question 14

If public material involves something of legitimate public interest, but the material is in bad taste, and the defendant publishes it, can he be liable for public disclosure of private facts?

Answer 14

No

Question 15

Just because time has passed, does that mean information is no longer of legitimate public interest?

Answer 15

No, so someone like a former star that isn’t in the public eye anymore is still considered a matter of public interest

Question 16

What are defenses to public disclosure of private facts?

Answer 16

Consent and constitutional privilege for the media

Question 17

Why is truth not a defense to public disclosure of private facts?

Answer 17

Because this is a tort about embarrassment

Question 18

If someone doesn’t keep a secret when they promised that they would, can they be liable for public disclosure of private facts?

Answer 18

No, unless they were under a legal duty like doctor-patient confidentiality not to disclose the information

Question 19

What is the constitutional privilege for media that is a defense to disclosure of private facts?

Answer 19

Media has an absolute privilege to take things from official court records

Question 20

What are damages for public disclosure of private facts?

Answer 20

Compensatory damages

Question 21

What is interference with family relationships?

Answer 21

Common-law right that a master has an interest in the health of his servants, including employees or spouses

Question 22

Modernly what has happened to the tort of interference with family relationships?

Answer 22

It is been abolished or severely limited

Question 23

What are the three different ways that you can interfere with family relationships?

Answer 23

• abduction
• criminal conversation
• alienation of affections

Question 24

What is criminal conversation?

Answer 24

When someone has sexual relations with your spouse

Question 25

Can consent be a defense to criminal conversation?

Answer 25

No

Question 26

At common law, who could sue for criminal conversation?

Answer 26

A husband could sue if someone slept with his wife, but a wife couldn't do the same

Question 27

Modernly what has happened to the tort of criminal conversation?

Answer 27

It is been abolished

Question 28

What is alienation of affections?

Answer 28

When D secures the affection of the P's spouse or family/friends convince the spouse to leave the P

Question 29

Why could a husband sue a third person that intentionally alienated the affections of his wife at common law?

Answer 29

Because the wife was the asset of her husband

Question 30

Modernly what has happened to the tort of alienation of affections?

Answer 30

Most courts have abolished it, but some now allow it for either spouse

Question 31

What is misrepresentation?

Answer 31

- material misrepresentation which D knew was false or made with reckless disregard - intending to induce reliance - causing justifiable reliance - pecuniary damages to P

Question 32

What is public revelation of private facts?

Answer 32

Unreasonable public disclosure of private facts that are highly offensive to a reasonable person and not newsworthy

Question 33

Why doesn't a promise to act in the future count for misrepresentation?

Answer 33

Because it has to be an assertion of false past or present fact

Question 34

When is an omission considered a misrepresentation?

Answer 34

Only if there was a duty to disclose, a special relationship, or an act of concealment

Question 35

Can you recover for pure economic loss under misrepresentation?

Answer 35

Yes, but it depends on whether the misrepresentation was from an intentional tort, negligence, or strict liability

Question 36

When can you get punitive damages for misrepresentation?

Answer 36

Malice is present

Question 37

What are the elements of misrepresentation?

Answer 37

- material misrepresentation by D - D knows the misrepresentation is false, or acts with reckless disregard - intent to induce reliance - causation - justifiable reliance by P - damages

Question 38

What is considered a material misrepresentation for the element of misrepresentation?

Answer 38

A false, material misrepresentation of past or present material fact a reasonable person would attach importance to or the defendant knows regards as important,

Question 39

Can the misrepresentation be an opinion?

Answer 39

No but present states of mind or intentions can be treated as misrepresentations of fact

Question 40

How are representations usually made for misrepresentation?

Answer 40

Orally or by conduct

Question 41

What are exceptions to material misrepresentation for misrepresentation?

Answer 41

- opinions by experts to non-experts - fiduciaries - statements that look like opinions but are based on info that isn't available to the other person - defendants that mislead the victim

Question 42

What are the three types of misrepresentation?

Answer 42

- false affirmative assertion - fraudulent concealment - failure to disclose

Question 43

When does fraudulent concealment not apply?

Answer 43

If defendant stated the product was "as is" or put P on notice of concealed facts

Question 44

When are situations that a defendant has a duty to disclose information?

Answer 44

- fiduciary - makes an assertion believing it is true, discovers it isn't, and knows P is relying on it - makes incomplete/ambiguous assertion that is misleading or a half truth --> duty to clarify or disclose the truth - defendant makes false assertion not intending for someone to rely, but finds out someone did, has a duty to disclose - sale of property - P reasonably expects disclosure

Question 45

If you are selling property, what is your duty to disclose facts?

Answer 45

If material facts are known to you and unknown or not readily accessible to the buyer, you must disclose them

Question 46

If you sell a building infested with termites, would you have a duty to tell the buyer that?

Answer 46

Yes, otherwise you've committed a misrepresentation