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7 Cards in this Set
- Front
- Back
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What are the 4 privacy torts?
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1. Intrusion into private affairs
2. Public disclosure of private facts 3. False light 4. Appropriation of name or likeness |
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Intrusion into private affairs elements:
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1. P has reasonable expectation of privacy.
2. D intentionally intruded 3. D's intrusion would be highly offensive to a reasonable person in P's place 4. P was harmed 5. D's intrusion was a Sub. Fact. in causing harm. |
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Public disclosure of private facts elements:
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1. D publicized info about P
2. A reasonable person in P's position would be highly offended. 3. D Knew or acted with reckless disregard that a person would be offended. 4. Private information was not of legitimate public concern. 5. P harmed. 6. D's action subs. fact of harm. |
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False light elements:
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1. D published info showing P in a false light.
2. The publication would be highly offensive to a reasonable person in P's place 3. Clear and convincing evidence that D knew the publication would create a false impression or acted with reckless disregard for the truth. 4. P harmed 5. D subs. factor causing harm |
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Appropriation of name or likeness elements:
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1. D used P's name or likeness
2. D gained benifit or advantage by using P's name 3. P harmed 4. D subst. factor in harm 5. Privacy interest outwieghs the public interest served by D's use of name. |
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Defense to Use or appropration of name or likeness:
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1. The "use" adds something new to P's likeness, giving it a new expression, meaning or message.
OR 2. That the value of the "use" does not result primarily from P's name. |
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Damages that can be awarded in a privacy tort
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1. mental suffering/anxiety/humiliation/emotional distress.
2. harm to reputation and community standing 3. the commercial value of P's name or likeness 4. other applicable damages. |