Wednesday, June 13, 2007

Torts: Invasion of Privacy Torts

Another one of those "gee, why didn't we learn this in law school" sort of napkins:

1. Intrusion upon seculsion: 1) intentional; 2) intrusion, physical or otherwise; 3) upon solitude, seculsion or private affairs; 4) highly offensive to a reasonable person.

2. Appropriation of Name or Likeness: 1) appropriation of name or likeness of another; 2) for commercial advantage.

3. Publicity of private facts: 1) publication; 2) highly offensive to a reasonable person; 3) not a legitimate concern to the public. Truth is no defense. Newsworthiness is a defense.

4. False Light: 1) publicity; 2) places another in a false light; 3) highly offensive to a reasonable person.

Remedies: proof of special damages not required. injunctions available.

Defenses:
  • Absolute privilege: judicial proceedings, legislative proceedings, communications (publication) only between husband and wife, equal time broadcasts.
  • Conditional privilege: statements in the defendant's interest, statements in interest of third persons (these are generally statements made in response to a request, e.g. job/credit recs), statements in the public interest.
  • consent.

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