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The right of privacy extends to both individuals and corporations.
The right of privacy extends to both individuals and corporations.
False
Invasion of privacy is a single tort with one cause of action.
Invasion of privacy is a single tort with one cause of action.
False
To prove misappropriation of the right to publicity, the plaintiff must show that the defendant used their exact name and picture.
To prove misappropriation of the right to publicity, the plaintiff must show that the defendant used their exact name and picture.
False
All states treat the right to publicity as a property right that can be devised and inherited after death.
All states treat the right to publicity as a property right that can be devised and inherited after death.
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Eavesdropping on private conversations by electronic devices is considered a reasonable intrusion.
Eavesdropping on private conversations by electronic devices is considered a reasonable intrusion.
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The right of privacy terminates upon the death of the plaintiff and does not extend to family members.
The right of privacy terminates upon the death of the plaintiff and does not extend to family members.
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To recover for negligent misrepresentation, the plaintiff must be the person or one of a limited group of persons for whom the information was intended.
To recover for negligent misrepresentation, the plaintiff must be the person or one of a limited group of persons for whom the information was intended.
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A negligent misrepresentation made during negotiation or performance of a contract gives rise to tort liability.
A negligent misrepresentation made during negotiation or performance of a contract gives rise to tort liability.
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In intentional interference with a contract, the contract in question must be valid and not terminable at will.
In intentional interference with a contract, the contract in question must be valid and not terminable at will.
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Damages for emotional distress are permitted when physical harm rather than pecuniary loss is a foreseeable result of a negligent misrepresentation.
Damages for emotional distress are permitted when physical harm rather than pecuniary loss is a foreseeable result of a negligent misrepresentation.
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The defendant may be liable for inducing a breach of contract only.
The defendant may be liable for inducing a breach of contract only.
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Unlike intentional misrepresentation, negligence defenses cannot be raised against claims of negligent misrepresentation.
Unlike intentional misrepresentation, negligence defenses cannot be raised against claims of negligent misrepresentation.
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To be considered tortious, a defendant’s actions must substantially exceed fair competition and free expression, such as persuading a competitor to terminate a contractual relationship.
To be considered tortious, a defendant’s actions must substantially exceed fair competition and free expression, such as persuading a competitor to terminate a contractual relationship.
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A defendant who interferes with a contractual relationship is always liable for interference with a contract.
A defendant who interferes with a contractual relationship is always liable for interference with a contract.
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The privilege of fair competition is available if the defendant causes a breach of a contract that is not terminable at will.
The privilege of fair competition is available if the defendant causes a breach of a contract that is not terminable at will.
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A defendant can be liable for intentionally interfering with a prospective business relationship or economic benefit between the plaintiff and a third party, even if the defendant’s conduct is not wrongful.
A defendant can be liable for intentionally interfering with a prospective business relationship or economic benefit between the plaintiff and a third party, even if the defendant’s conduct is not wrongful.
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Trade libel imposes tort liability for statements injurious to a plaintiff’s personal reputation.
Trade libel imposes tort liability for statements injurious to a plaintiff’s personal reputation.
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Slander of title protects against false statements that harm or call into question the plaintiff’s ownership of personal property.
Slander of title protects against false statements that harm or call into question the plaintiff’s ownership of personal property.
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A false statement of opinion can give rise to liability in any situation.
A false statement of opinion can give rise to liability in any situation.
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A defendant's statement of intention to perform a promise is always actionable.
A defendant's statement of intention to perform a promise is always actionable.
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Puffery is a type of misrepresentation that can give rise to liability.
Puffery is a type of misrepresentation that can give rise to liability.
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The defendant must have known the representation to be false to be liable for misrepresentation.
The defendant must have known the representation to be false to be liable for misrepresentation.
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The plaintiff is required to investigate the truth or falsity of the statement before relying on it.
The plaintiff is required to investigate the truth or falsity of the statement before relying on it.
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Punitive damages are never awarded in cases of misrepresentation.
Punitive damages are never awarded in cases of misrepresentation.
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In order to establish liability for invasion of privacy, publication of the private information is required.
In order to establish liability for invasion of privacy, publication of the private information is required.
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Attributing to the plaintiff views that he does not hold or actions that he did not take can constitute placing him in a false light.
Attributing to the plaintiff views that he does not hold or actions that he did not take can constitute placing him in a false light.
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The public disclosure tort requires the exact same level of dissemination of information as the publication requirement of defamation.
The public disclosure tort requires the exact same level of dissemination of information as the publication requirement of defamation.
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The plaintiff must prove special damages to recover for invasion of privacy torts.
The plaintiff must prove special damages to recover for invasion of privacy torts.
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Truth is a complete defense to invasion of privacy actions.
Truth is a complete defense to invasion of privacy actions.
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Consent is a defense to invasion of privacy actions, even if the defendant made a reasonable mistake as to consent.
Consent is a defense to invasion of privacy actions, even if the defendant made a reasonable mistake as to consent.
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A person can be liable for malicious prosecution for instituting a legal action with probable cause.
A person can be liable for malicious prosecution for instituting a legal action with probable cause.
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Judges and prosecutors have limited immunity from liability for malicious prosecution.
Judges and prosecutors have limited immunity from liability for malicious prosecution.
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Abuse of process requires ill will or spite to be proven.
Abuse of process requires ill will or spite to be proven.
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Malicious prosecution only applies to criminal cases.
Malicious prosecution only applies to criminal cases.
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The plaintiff can recover for emotional distress in a malicious prosecution claim.
The plaintiff can recover for emotional distress in a malicious prosecution claim.
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Abuse of process is a type of malicious prosecution.
Abuse of process is a type of malicious prosecution.
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A legal action with probable cause can never be considered abuse of process.
A legal action with probable cause can never be considered abuse of process.
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A person can be liable for malicious prosecution even if the action is not dismissed in their favor.
A person can be liable for malicious prosecution even if the action is not dismissed in their favor.
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Abuse of process requires a legal procedure set in motion in proper form.
Abuse of process requires a legal procedure set in motion in proper form.
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The tort of malicious prosecution only applies to legal actions instituted in bad faith.
The tort of malicious prosecution only applies to legal actions instituted in bad faith.
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The right of privacy extends to both individuals and corporations.
The right of privacy extends to both individuals and corporations.
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Invasion of privacy is a single tort with one cause of action.
Invasion of privacy is a single tort with one cause of action.
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A television or radio production might mimic the plaintiff’s distinctive vocal patterns and be considered misappropriation of the right to publicity.
A television or radio production might mimic the plaintiff’s distinctive vocal patterns and be considered misappropriation of the right to publicity.
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Eavesdropping on private conversations by electronic devices is a reasonable intrusion.
Eavesdropping on private conversations by electronic devices is a reasonable intrusion.
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The right to publicity survives the death of the individual in all states.
The right to publicity survives the death of the individual in all states.
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Intrusion upon seclusion requires physical intrusion into the plaintiff’s private affairs.
Intrusion upon seclusion requires physical intrusion into the plaintiff’s private affairs.
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Placing the Plaintiff in a False Light does not require publication to establish liability.
Placing the Plaintiff in a False Light does not require publication to establish liability.
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The tort of public disclosure of private facts involves the dissemination of false facts.
The tort of public disclosure of private facts involves the dissemination of false facts.
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Damages for invasion of privacy torts require proof of special damages.
Damages for invasion of privacy torts require proof of special damages.
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Truth is a complete defense to invasion of privacy actions.
Truth is a complete defense to invasion of privacy actions.
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Consent is not a defense to invasion of privacy actions if the defendant made a reasonable mistake as to consent.
Consent is not a defense to invasion of privacy actions if the defendant made a reasonable mistake as to consent.
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The public disclosure tort requires the same level of dissemination of information as the publication requirement of defamation.
The public disclosure tort requires the same level of dissemination of information as the publication requirement of defamation.
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A false statement of opinion can give rise to liability in any situation.
A false statement of opinion can give rise to liability in any situation.
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A defendant's statement of intention to perform a promise is always actionable.
A defendant's statement of intention to perform a promise is always actionable.
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Puffery is a type of misrepresentation that can give rise to liability.
Puffery is a type of misrepresentation that can give rise to liability.
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The plaintiff is required to investigate the truth or falsity of the statement before relying on it.
The plaintiff is required to investigate the truth or falsity of the statement before relying on it.
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Punitive damages are never awarded in cases of misrepresentation.
Punitive damages are never awarded in cases of misrepresentation.
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The plaintiff must prove special damages to recover for negligent misrepresentation.
The plaintiff must prove special damages to recover for negligent misrepresentation.
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The defendant is liable to the bank for negligent misrepresentation if the defendant provides false information to the corporation, which the bank relies on to make a loan to the corporation.
The defendant is liable to the bank for negligent misrepresentation if the defendant provides false information to the corporation, which the bank relies on to make a loan to the corporation.
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The plaintiff can recover consequential pecuniary damages if negligent misrepresentation is proven with sufficient certainty.
The plaintiff can recover consequential pecuniary damages if negligent misrepresentation is proven with sufficient certainty.
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Damages for emotional distress are permitted when physical harm rather than pecuniary loss is a foreseeable result of a negligent misrepresentation.
Damages for emotional distress are permitted when physical harm rather than pecuniary loss is a foreseeable result of a negligent misrepresentation.
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The defendant may be liable for intentionally interfering with a contractual relationship only if the defendant induces a breach of the contract.
The defendant may be liable for intentionally interfering with a contractual relationship only if the defendant induces a breach of the contract.
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The defendant's statement of opinion can give rise to liability in all situations.
The defendant's statement of opinion can give rise to liability in all situations.
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Unlike intentional misrepresentation, negligence defenses cannot be raised against claims of negligent misrepresentation.
Unlike intentional misrepresentation, negligence defenses cannot be raised against claims of negligent misrepresentation.
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Under trade libel, damages for mental suffering are available.
Under trade libel, damages for mental suffering are available.
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A defendant who tries to convince a U.S. clothing store to stop buying fabrics from a foreign textile manufacturer known for its inhumane labor conditions is liable for interference with a contract.
A defendant who tries to convince a U.S. clothing store to stop buying fabrics from a foreign textile manufacturer known for its inhumane labor conditions is liable for interference with a contract.
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The privilege of fair competition is available if the defendant causes a breach of a contract that is not terminable at will.
The privilege of fair competition is available if the defendant causes a breach of a contract that is not terminable at will.
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To be considered tortious, a defendant's actions must substantially exceed fair competition and free expression, such as persuading a bank to lend money to a competitor.
To be considered tortious, a defendant's actions must substantially exceed fair competition and free expression, such as persuading a bank to lend money to a competitor.
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A defendant can be liable for intentionally interfering with a prospective business relationship or economic benefit between the plaintiff and a third party, even if the defendant's conduct is wrongful.
A defendant can be liable for intentionally interfering with a prospective business relationship or economic benefit between the plaintiff and a third party, even if the defendant's conduct is wrongful.
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Slander of title protects against false statements that harm or call into question the plaintiff's ownership of personal property.
Slander of title protects against false statements that harm or call into question the plaintiff's ownership of personal property.
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To recover for abuse of process, the existence of probable cause is determinative in precluding liability.
To recover for abuse of process, the existence of probable cause is determinative in precluding liability.
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Malicious prosecution only applies to criminal cases.
Malicious prosecution only applies to criminal cases.
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Judges and prosecutors have limited immunity from liability for malicious prosecution.
Judges and prosecutors have limited immunity from liability for malicious prosecution.
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A person can be liable for malicious prosecution for instituting a legal action with probable cause.
A person can be liable for malicious prosecution for instituting a legal action with probable cause.
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Abuse of process requires ill will or spite to be proven.
Abuse of process requires ill will or spite to be proven.
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A person can be liable for malicious prosecution even if the action is not dismissed in their favor.
A person can be liable for malicious prosecution even if the action is not dismissed in their favor.
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Abuse of process is a type of malicious prosecution.
Abuse of process is a type of malicious prosecution.
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The plaintiff can recover for emotional distress in a malicious prosecution claim.
The plaintiff can recover for emotional distress in a malicious prosecution claim.
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A legal action with probable cause can never be considered abuse of process.
A legal action with probable cause can never be considered abuse of process.
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Abuse of process requires a legal procedure set in motion in bad faith.
Abuse of process requires a legal procedure set in motion in bad faith.
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Study Notes
Invasion of Privacy
- The right of privacy only applies to individuals, not corporations.
- The right of privacy terminates upon the death of the plaintiff and does not extend to family members.
- Invasion of privacy includes four separate causes of action:
- Misappropriation of the Right to Publicity
- Intrusion Upon Seclusion
- Placing the Plaintiff in a False Light
- Public Disclosure of Private Facts
Misappropriation of the Right to Publicity
- Majority of states recognize an action for misappropriation of the right to publicity.
- To prove, the plaintiff must show:
- The defendant's unauthorized appropriation of the plaintiff's name, likeness, or identity.
- The appropriation was for the defendant's advantage (commercial or otherwise).
- Lack of consent.
- Resulting injury.
Intrusion Upon Seclusion
- Many states recognize an action for unreasonable intrusion upon the plaintiff's private affairs.
- To establish liability, the defendant's intentional intrusion must be:
- Highly offensive to a reasonable person.
- Physically or otherwise into the plaintiff's private affairs.
- No publication is required to establish liability.
Placing the Plaintiff in a False Light
- Majority of jurisdictions recognize a separate tort of false light.
- To prove, the plaintiff must show:
- The defendant made public facts about the plaintiff that placed the plaintiff in a false light.
- The false light would be highly offensive to a reasonable person.
- Actual malice by the defendant (may be constitutionally required in some instances).
Public Disclosure of Private Facts
- To recover, the plaintiff must show:
- The defendant gave publicity to a matter concerning the private life of another.
- The matter publicized is of a kind that would be highly offensive to a reasonable person.
- The matter is not of legitimate concern to the public.
Damages and Defenses
- The plaintiff need not prove special damages for any of the invasion of privacy torts.
- Emotional distress and mental distress are sufficient.
- Defenses:
- Defamation defenses (absolute and qualified privilege) apply to privacy actions.
- Consent is a defense to invasion of privacy actions.
Intentional Misrepresentation
- A prima facie case of intentional misrepresentation is established by proof of:
- The defendant's false representation.
- The defendant's scienter (knowledge of the falsity).
- Intent to induce reliance.
- Causation.
- Justifiable reliance.
- Damages.
Negligent Misrepresentation
- Elements:
- The defendant, in the course of his business, profession, or employment, provided false information.
- The defendant failed to use reasonable care in obtaining or communicating the information.
- The plaintiff reasonably relied on the information.
- The reliance caused the plaintiff to suffer pecuniary loss.
Intentional Interference with Business Relations
- Intentional Interference with a Contract:
- The plaintiff must prove:
- A valid contract existed between the plaintiff and a third party.
- The defendant knew of the contractual relationship.
- The defendant intentionally interfered with the contract, causing a breach.
- The breach caused damages to the plaintiff.
- The plaintiff must prove:
- Intentional Interference with a Prospective Economic Advantage:
- The plaintiff must prove:
- The defendant intentionally interfered with a prospective business relationship or economic benefit.
- The defendant's conduct was wrongful or improper.
- The plaintiff must prove:
Theft of Trade Secrets
- The plaintiff must own a valid trade secret.
- The owner must take reasonable precautions to protect the secret.
- The defendant must have taken the secret by improper means.
Injurious Falsehoods
- Trade Libel:
- The plaintiff must prove:
- Publication of a false and derogatory statement.
- Malice.
- Relating to the plaintiff's title to his business property or the quality of its products.
- Causing special damages.
- The plaintiff must prove:
- Slander of Title:
- The plaintiff must prove:
- Publication of a false statement.
- Derogatory to the plaintiff's title.
- With malice.
- Causing special damages.
- As a result of diminished value in the eyes of third parties.
- The plaintiff must prove:
Wrongful Use of the Legal System
- Malicious Prosecution:
- The plaintiff must prove:
- The defendant intentionally and maliciously instituted or pursued a legal action.
- For an improper purpose.
- The action was brought without probable cause.
- The action was dismissed in favor of the person against whom it was brought.
- The plaintiff must prove:
- Abuse of Process:
- The plaintiff must prove:
- A legal procedure was set in motion in proper form.
- The procedure was "perverted" to accomplish an ulterior motive.
- A willful act perpetrated in the use of process.
- Causing the plaintiff to sustain damages.
- The plaintiff must prove:
Invasion of Privacy
- Right of privacy only extends to individuals, not corporations
- Right of privacy terminates upon death of the plaintiff and does not extend to family members
- Four separate causes of action:
- Misappropriation of the Right to Publicity
- Intrusion Upon Seclusion
- Placing the Plaintiff in a False Light
- Public Disclosure of Private Facts
Misappropriation of the Right to Publicity
- Plaintiff must prove:
- Defendant's unauthorized appropriation of the plaintiff's name, likeness, or identity
- For the defendant's advantage, commercial or otherwise
- Lack of consent
- Resulting injury
- Some states treat this right as a property right that can be devised and inherited
Intrusion Upon Seclusion
- Plaintiff must prove:
- Defendant's intentional intrusion upon the plaintiff's private affairs
- Intrusion would be highly offensive to a reasonable person
- No publication is required to establish liability
- Examples: eavesdropping, photographing in a private place
Placing the Plaintiff in a False Light
- Plaintiff must prove:
- Defendant made public facts about the plaintiff that placed the plaintiff in a false light
- False light would be highly offensive to a reasonable person
- Actual malice by the defendant may be required
- Examples: attributing to the plaintiff views they do not hold, actions they did not take
Public Disclosure of Private Facts
- Plaintiff must prove:
- Defendant gave publicity to a matter concerning the private life of another
- Matter publicized is highly offensive to a reasonable person
- Not of legitimate concern to the public
- Examples: disclosing private information, criminal records
Defenses
- Defamation defenses (absolute and qualified privilege) apply to "false light" and "public disclosure of private facts" grounds
- Consent is a defense to invasion of privacy actions
- Truth is not a defense to invasion of privacy, whereas it is a complete defense to defamation
Intentional Misrepresentation
- Elements:
- Defendant's false representation of a material fact
- Intent to induce reliance
- Reliance by the plaintiff
- Damages
- Types of misrepresentations:
- Statements of opinion
- Statements of intention
- Statements of law
- Non-disclosure: no duty to disclose, except in certain circumstances (fiduciary relationship, partial disclosure, etc.)
Negligent Misrepresentation
- Elements:
- Defendant provided false information
- Defendant failed to use reasonable care
- Plaintiff reasonably relied on the information
- Plaintiff suffered pecuniary loss
- Defenses:
- Negligence defenses can be raised
- Justifiable reliance
- Damages:
- Reliance damages
- Consequential damages
Intentional Interference with Business Relations
- Elements:
- Valid contract existed between the plaintiff and a third party
- Defendant knew of the contractual relationship
- Defendant intentionally interfered with the contract
- Breach caused damages to the plaintiff
- Defenses:
- Justification (e.g., health, safety, morals)
- Fair competition
Theft of Trade Secrets
- Elements:
- Plaintiff owned a valid trade secret
- Defendant took the secret by improper means
- Reasonable precautions were taken to protect the secret
Injurious Falsehoods
- Trade libel:
- False and derogatory statement
- Malice
- Relating to the plaintiff's business or products
- Causing special damages
- Slander of title:
- False statement
- Derogatory to the plaintiff's title
- Malice
- Causing special damages
Wrongful Use of the Legal System
- Malicious prosecution:
- Intentional and malicious institution or pursuit of a legal action
- Without probable cause
- Dismissed in favor of the person against whom it was brought
- Abuse of process:
- Misuse of the power of the court
- Ulterior motive
- Willful act in the use of process
- Causing damages
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Description
Explore the concept of invasion of privacy, including its limitations and exceptions, and the four separate causes of action that fall under it.
