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Flashcards in Page 47 Deck (46):
1

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

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

2

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

No

3

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

Medical records being published, disclosing someone's identity and details about their past life, Dr. releasing pictures he took of their anatomy or embarrassing info

4

Elements of public revelation of private facts?

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

5

Examples of things that would be considered highly offensive to a reasonable person for public revelation of private facts?

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

6

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

No, because that is not highly offensive

7

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

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

8

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

No, because your age is public record

9

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

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

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?

Yes

11

Public disclosure of private facts must involve publicity to what?

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

12

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

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

13

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

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

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?

No

15

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

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

16

Defenses to public disclosure of private facts?

Consent and constitutional privilege for the media

17

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

Because this is a tort about embarrassment

18

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

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

19

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

Media can take things from official court records and has an absolute privilege

20

What are damages for public disclosure of private facts?

Compensatory damages

21

What is Interference with family relationships?

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

22

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

It is been abolished or severely limited

23

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

- Abduction
- criminal conversation
- alienation of affections

24

What is Criminal conversation?

When someone has sexual relations with your spouse

25

Can consent be a defense to criminal conversation?

No

26

At common law, Who could sue for criminal conversation?

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

27

Modernly what has happened to the tort of criminal conversation?

It is been abolished

28

What is alienation of affections?

When defendant secures the affection of the plaintiff's spouse or family/friends convince the spouse to leave the plaintiff

29

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

Because the wife was the asset of her husband

30

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

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

31

What is misrepresentation?

Material misrepresentation which defendant knew was false or made with reckless disregard, intending to induce reliance, causing justifiable reliance and pecuniary damages to the P

32

What is public revelation a private facts?

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

33

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

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

34

When is an omission considered a misrepresentation?

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

35

Can you recover for pure economic loss under misrepresentation?

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

36

When can you get punitive damages for misrepresentation?

Malice is present

37

Elements of misrepresentation?

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

38

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

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

39

Can the misrepresentation be an opinion?

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

40

How are representations usually made for misrepresentation?

Orally or by conduct

41

Exceptions to material misrepresentation for misrepresentation?

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, or defendants that mislead the victim

42

Three types of misrepresentation?

- false affirmative assertion
- fraudulent concealment
- failure to disclose

43

When does fraudulent concealment not apply?

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

44

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

- fiduciary
- makes an assertion believing it is true, discovers it isn't, and doesn't disclose the truth when he knows plaintiff 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

45

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

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

46

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

Yes, otherwise you've committed a misrepresentation