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stac8199
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What are the 4 different invasion of privacy offenses?
- (1) intrusion into seclusion
- (2) appropriation
- (2) public disclosure of private true facts
- (4) false light
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When does intrusion into seclusion arise?
where D intentionally interferes with the P zone of privacy
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Is publication required for intrusion into seclusion?
no
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The invasion for intrusion into seclusion must be done in what manner?
one that is offensive to a reasonable person
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What damages are recoverable for invasion of seclusion?
emotional distress or punitives
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What is appropriation?
where the D uses P name, voice, or likeness for the D's commercial advantage and such use was NOT authorized by P
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What kind of use is required for appropriation?
non-newsworthy use for D's commercial advantage
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If the use of P name, voice or likeness is for a newsworthy purpose, is the P entitled to recovery for appropriation?
no
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What are the 4 elements for public disclosure of private true facts?
- (1) disclosure
- (2) private facts
- (3) disclosure is highly offensive to reasonable person
- (4) not newsworthy
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Is publication reqiured for public disclosure of private true facts?
yes or some dissemination of the information
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Is an injunction available for public disclosure of private true facts?
yes since the information is truthful
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If D gets his information from the public records then is he liable for public disclosure of private true facts if he shares it?
no
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What are you looking for in public disclosure of private true facts?
the passage of time
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What is false light?
something that looks like defamation but there is an argument that the statement isn't or shouldn't be defamatory
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What are the elements for false light?
- (1) publication
- (2) false information
- (3) divulging info is highly offensive to reasonable person
- (4) some level of fault
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