Torts Invasion of Privacy - MBE
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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
When does intrusion into seclusion arise?
where D intentionally interferes with the P zone of privacy
Is publication required for intrusion into seclusion?
The invasion for intrusion into seclusion must be done in what manner?
one that is offensive to a reasonable person
What damages are recoverable for invasion of seclusion?
emotional distress or punitives
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
What kind of use is required for appropriation?
non-newsworthy use for D's commercial advantage
If the use of P name, voice or likeness is for a newsworthy purpose, is the P entitled to recovery for appropriation?
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
Is publication reqiured for public disclosure of private true facts?
yes or some dissemination of the information
Is an injunction available for public disclosure of private true facts?
yes since the information is truthful
If D gets his information from the public records then is he liable for public disclosure of private true facts if he shares it?
What are you looking for in public disclosure of private true facts?
the passage of time
What is false light?
something that looks like defamation but there is an argument that the statement isn't or shouldn't be defamatory
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
What would you like to do?
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