Economic torts

Question 1

What are the four invasion of privacy torts?

Answer 1

1. Intrusion
2. False Light
3. Appropriation
4. Private facts

Question 2

What is Intrusion Upon Seclusion?

Answer 2

An unreasonable intrusion upon the plaintiff’s private affairs.

*The defendant’s act of intruding, physically or otherwise, into the plaintiff’s private affairs, solitude, or seclusion in a manner or to a degree objectionable to a reasonable person.

Question 3

What is false light?

Answer 3

The plaintiff must prove that the defendant:

1. made public facts about the plaintiff that
2. placed the plaintiff in a false light
3. which false light would be highly offensive to a reasonable person.

*actual malice needed in most jurisdiction

Question 4

What is misappropriation of the right to publicity?

Answer 4

1. The defendant’s unauthorized appropriation of the plaintiff’s name, likeness, or identity;
2. For the defendant’s advantage, commercial or otherwise;
3. Lack of consent; and
4. Resulting injury

Question 5

What is Public Disclosure of Private Facts?

Answer 5

To recover, the plaintiff must show that:

1. The defendant gave publicity to a matter concerning the private life of another; and
2. The matter publicized is of the kind that:
   *would be highly offensive to a reasonable person and
   +Is not of legitimate concern to the public

*Publication requires far broader than required under defamation.

Question 6

Do special damages need to be proved to recover invasion of privacy torts?

Answer 6

No

Question 7

What are the intentional misrepresentation elements?

Answer 7

1. A Defendant’s False Representation- material fact
2. Scienter
   3, Intent to Induce Reliance
3. Causation
4. Justifiable Reliance
5. Damages

Question 8

What are the elements of Negligent Misrepresentation?

Answer 8

1. The defendant provides false information;
2. As a result of the defendant’s negligence;
3. During the course of his business or profession;
4. Causing the plaintiff to justifiably rely upon the information; and
5. The plaintiff either is in a contractual relationship with the defendant or is a third party known by the defendant as one foe whose benefit the information os supplied.

*Negligence defense can be raised.

Question 9

What is intentional Interference with Business Relations elements?

Answer 9

1. A valid contract existed between the plaintiff and a third party;
2. The defendant knew of the contractual relationship;
3. The defendant intentionally interfered with the contract, causing a breach, and
4. The breach caused damages to the plaintiff.

Question 10

What Interference With a Prospective Economic Advantage?

Answer 10

Require that the defendant’s conduct be wrongful, either independently tortious or a violation of federal or state law.