Advanced Torts Outline Chapter 5 Quiz

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Questions and Answers

What was the legal issue in the case Hinish v. Meier & Frank Co.?

Is there a legal right of privacy in this state?

According to the court in Minnifield v. Ashcraft, what are the 4 distinct wrongs that invasion of privacy consists of?

intruding into P’s solitude or seclusion 2. giving publicity to private info about P that violates ordinary decency 3. putting P in a false, but not necessarily defamatory position in the public eye 4.

In Hinish v. Meier & Frank Co., why did the court find in favor of the plaintiff?

Ds appropriated P for their own purposes and injected him into political controversy in which he had no interest.

What type of claim did Minnifield have in the case Minnifield v. Ashcraft?

Minnifield has a commercial appropriation claim. Signup and view all the answers

What was the consequence of Ashcraft submitting a photo of a tattoo he drew on Minnifield to a magazine without her permission?

Minnifield was recognized in the photo by her cousin’s roommate. Signup and view all the answers

Why did the court rule in Minnifield v. Ashcraft that the invasion of privacy claim was not protected under the legitimate public interest exception?

This was not protected under the legitimate public interest exception. Signup and view all the answers

What is the legal standard for a communication to be considered defamatory?

A communication is defamatory if it tends to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him. Signup and view all the answers

In the case discussed, why was the complaint not legally insufficient to state a claim?

The statement that the plaintiff was fired and the article as a whole could be understood by reasonable people in a defamatory sense. Signup and view all the answers

Why is it important to consider the context of the whole article when determining if something is defamatory?

Words or elements in an article may not be considered in isolation, but must be viewed in the context of the whole article to determine if they are defamatory. Signup and view all the answers

What was the outcome of the case Hepburn v. TCN Channel Nine Pty. Ltd.?

The abortionist sued on account of statements made in a TV broadcast by D, including that the plaintiff is an abortionist. Signup and view all the answers

What does the legal term 'libel' refer to?

Libel refers to a published false statement that is damaging to a person's reputation. Signup and view all the answers

Why is it stated that determining if a statement is defamatory is a jury question?

Reasonable people could conclude that a person being fired would tend to injure their reputation or diminish the esteem that people have for them. Signup and view all the answers

What type of privilege did the psychiatrist argue in the Peck case?

Absolute privilege Signup and view all the answers

In the Stukuls v. State case, what accusation was made against the plaintiff?

Sexual assault and marital infidelity Signup and view all the answers

What was the outcome regarding Dr. Corey's claim of absolute privilege?

He did not have absolute privilege Signup and view all the answers

What distinguishes the publication of a slander from the publication of a libel?

The publication of a slander involves speaking defamatory words so that some third person hears and understands them. The publication of a libel requires composing, writing, delivering the libel to a third person, who then reads or understands its contents. Signup and view all the answers

Explain the difference between the premise for salesmen to maintain action and the reason saleswomen could not in the case of Lait v. Cole.

Salesmen could maintain action because suspicion attached to all of them individually. Saleswomen could not maintain action because they were considered too large a group for the public to interpret the defamatory statement as referring to any individual. Signup and view all the answers

What did the court rule regarding the publication of a slander in the case of Hedgpath v. Coleman?

The court ruled that the publication of a slander involves a single act by the defendant where the defamatory words are spoken and heard by a third person. Signup and view all the answers

What did the court require for the publication of a libel in the case of Hedgpath v. Coleman?

For the publication of a libel, the defendant must compose, write, deliver the libel to a third person, and that person must read or understand its contents. Signup and view all the answers

Why did the court not exonerate D in the case of Hedgpath v. Coleman despite the defamatory words being seen by only a few individuals?

The court did not exonerate D because the communication of the defamatory words to even a single person other than the person defamed is sufficient for it to be considered publication. Signup and view all the answers

How did the court justify its decision regarding the salesmen and saleswomen in the case of Lait v. Cole?

The court reasoned that suspicion attached to all the salesmen individually, making it possible for them to maintain action. However, the saleswomen, as a larger group, could not be interpreted as individually defamed by the statement. Signup and view all the answers

Who may recover compensation on proof of negligent publication of a defamatory falsehood?

Private persons Signup and view all the answers

What did the court consider relevant in the case regarding the amount of time necessary and available for checking a story?

Checking a story might be considered relevant. Signup and view all the answers

What must a libel defendant show to justify imposing the burden of New York Times?

More than mere newsworthiness Signup and view all the answers

In Wolston v. Reader’s Digest Association, why was the petitioner not considered a limited purpose public figure?

He was dragged unwillingly into the controversy. Signup and view all the answers

What did RDA publish about Wolston that led to the defamation lawsuit?

Listed Wolston as a Soviet agent Signup and view all the answers

What was the court's reasoning in the case where Pearson wrote a story translating Mr. Stone to refer to P's father's name?

Pearson did not have actual malice but editor Coltin may have. Signup and view all the answers

Study Notes

Appropriation of Name, Likeness, or Identity

In Hinish v. Meier & Frank Co., the court recognized a legal right of privacy, holding that the defendants had appropriated the plaintiff's name and address for their own purposes, injecting him into a political controversy without his knowledge or consent.
Faces have commercial value, and intrusions into privacy are more likely today with media and radio.
In Minnifield v. Ashcraft, the court held that the defendant's submission of a photo of the plaintiff's tattoo to a magazine without her permission constituted an invasion of privacy and a commercial appropriation claim.

Invasion of Privacy

Invasion of privacy consists of four distinct wrongs:
- Intruding into plaintiff's solitude or seclusion
- Giving publicity to private information about the plaintiff that violates ordinary decency
- Putting the plaintiff in a false, but not necessarily defamatory, position in the public eye
- Appropriating the plaintiff's name, likeness, or identity for commercial purposes

Publication

In Hedgpath v. Coleman, the court held that the publication of a slander involves only one act by the defendant, speaking words that are heard and understood by a third person.
The publication of a libel requires the defendant to compose and write the libel, deliver it to a third person, and have the third person read or understand its contents.
It is not necessary for the defamatory words to be communicated to the public generally or to a considerable number; communication to a single person is sufficient.

Defamation

In Peck v. Crawford, the court held that an absolute privilege applies to defamatory statements made in connection with a pending judicial proceeding, regardless of whether the document has been filed.
In Stukuls v. State, the court held that unless an official is a principal executive of state or local government or is entrusted with administrative or executive policy-making responsibilities of considerable dimension, they do not have absolute license to defame.
In Luttrell v. Essex County Newspapers, the court held that private persons may recover compensation for negligent publication of a defamatory falsehood.

Public Figures

In Wolston v. Reader's Digest Association, the court held that a petitioner was not a limited-purpose public figure, as they were dragged unwillingly into a controversy and did not voluntary inject themselves into the public sphere.
To justify imposing the burden of New York Times, a libel defendant must show more than mere newsworthiness.

Libel

In Denny v. Mertz, the court held that a communication is defamatory if it tends to harm the reputation of another, lowering them in the estimation of the community, or deterring third persons from associating or dealing with them.
Words alleged to be libelous must be construed in the context of the whole article to determine if they are defamatory.

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Description

Test your knowledge on Publicity & Privacy section in Advanced Torts with this quiz. Explore concepts like Appropriation of Name, Likeness, or Identity through a case study of Hinish v. Meier & Frank Co.