chapter 6 - intentional torts (invasion of privacy torts)
False Light Publicity - ️️publicity that places someone in a false light if a reasonable
person would find that highly offensive would bring about liability
- Liability would require an unreasonable and highly objectionable publicity
...
bmgt380: exam ii
chapter 6 - intentional torts (invasion of privacy torts)
False Light Publicity - ✔️✔️publicity that places someone in a false light if a reasonable
person would find that highly offensive would bring about liability
- Liability would require an unreasonable and highly objectionable publicity
- Attributing characteristics to a person that is not true
- Truth IS a defense
trespass example - ✔️✔️physically entering someone's land, causing someone else to
enter the land, staying on the property after being asked to leave, failing to remove
something from the land that you have the obligation to remove
4 Invasion of Privacy Torts - ✔️✔️- Intrusion on Solitude or Seclusion
- Public Disclosure of Private Facts
- False Light Publicity
- Commercial Appropriation of Name or Likeness
Intrusion on Solitude or Seclusion - ✔️✔️any intentional intrusion on the solitude or
seclusion of someone else if that intrusion would be highly offensive to a reasonable
individual
example of Intrusion on Solitude or Seclusion - ✔️✔️opening someone's mail, adopting
an unlawful strip search, examining someone's bank account
Will only apply if plaintiff has a reasonable expectable of privacy
Ex. If you take someone's photo in a public place when examine records are already
available to the public
Public Disclosure of Private Facts - ✔️✔️when you publicize facts about someone
else's private life if that disclosure would be highly offensive to a reasonable person
- Truth is not a defense unlike in defense
- Liability would require widespread publication of the facts (has to be more widespread
than 1 person)
examples of Public Disclosure of Private Facts - ✔️✔️spreading information about
someone's sex life, or about bankruptcy
example of False Light Publicity - ✔️✔️you sign a pro-choice person's name to a pro-
life petition
,Commercial Appropriation of Name or Likeness - ✔️✔️when a defendant commercially
uses someone's name or picture to imply that person's endorsement of a product or
service without their consent
- We all need to maintain exclusive control of our identities
- Our identities should not be used without our consent
example of Commercial Appropriation of Name or Likeness - ✔️✔️Gap photoshops
their jeans on Sarah Jessica Parker -> she can sue them
Misuse of Legal Proceedings: - ✔️✔️- Malicious prosecution
- Wrongful use of civil proceedings
- Abuse of process
Wrongful use of civil proceedings - ✔️✔️(civil equivalent of malicious prosecution) -
defendant files a lawsuit without in good faith believing the basis for it
The defendant does this with an improper purpose
Ex. They are filing lawsuit to hurt the other party not because they think they are entitled
to recover
The lawsuit is actually resolved in favor of the plaintiff
-> Plaintiff would win underlying lawsuit
--
suing you out of spite (to get back at you or for wrong reason) - which makes u the
defendant and then you sue them for wrongful use of civil defendant -> making u the
plantiff
Abuse of process - ✔️✔️when a lawsuit is filed for a primary purpose other than what
the proceedings were designed for (for an improper purpose)
-- When lawsuit is filed for an improper purpose, the plaintiff in the underlying case may
be sued for abuse of process
Interference with Property Rights: - ✔️✔️trepass
nuisance
conversion
Trespass - ✔️✔️(unauthorized and intentional entry onto someone else's land). Intent
is simply the intent to be on the land (not intent to trespass). - unauthorized or
unprivileged intentional intrusion upon someone else's property
Required intent - is the intent to be on the land or cause the invasion
Even if you think you have the right to be on the land -> you can be sued for trespassing
nuisance - ✔️✔️Interference with plaintiff's enjoyment or use of land
, nuisance - public - ✔️✔️occurs when the government is the plaintiff and the public is
affected
Ex - fireworks in the street, -> gov't would sue firework owner on behalf of the public
Conversion - ✔️✔️intentional exercise of dominion/control/power over plaintiff's
personal property without plaintiff's consent.
conversion - example - ✔️✔️Example - can include stealing fraud,
stealing/moving/damaging plaintiff's property
Requirements intent -> the intent to do the thing that constitutes the conversion
Example - you borrow blender from neighbor and you broke it, you must pay your
neighbor fairly (you exercised control of their property)
Even if someone gives you permission
Ex - you borrow someone's car to go to class, but then you take it somewhere else ->
that is conversion as you are using the car outside the context of what you are permitted
to do
Deceit (Fraud) - Plaintiff must prove: - ✔️✔️False statement of material fact
False statement of material fact - ✔️✔️Defendant has knowledge that statement is
false (so it's done on purpose/ lie on purpose)
Intent to deceive plaintiff - ✔️✔️Defendant has intent to induce reliance
Actual, justifiable, and detrimental reliance by plaintiff on D's lie - ✔️✔️plaintiff has to
prove they suffered some harm as a result of the defendant's intentional
misrepresentation of fact
chapter 6 cont - intentional tort - ✔️✔️
tort - ✔️✔️any civil wrongdoing that is not breach of contract
-- ex. negligence
remedies: compensatory damages
if intentional = punitive damages -> to punish, deter/discourage to do intentionally bad
things again (much more $$)
battery - ✔️✔️the intentional and harmful or offensive contact of another person without
his consent
Harmful = bodily injury
-- ex. punching someone in the face
Offensive = intended to offend a reasonable sense of personal dignity
-- ex. if you grab someone's butt
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