extra (did not see, finf it relevant) Flashcards

1
Q

What are the requirements to prove intrusion per seclusion

A

(1) that the defendant’s conduct was intentional;
(2) that the defendant invaded the plaintiff’s private affairs without lawful justification;
(3) that a reasonable person would regard such conduct as “highly offensive causing distress, humiliation or anguish.”

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2
Q

What is the best substitute for an “after the fact debate”

A

preventive measures as risk management

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3
Q

sysnonimus for justification

A

complete defense

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4
Q

fair comment

A

(a) concerned a matter of public interest,
(b) was factually based,
(c) expressed a view that could honestly be held by anyone.

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5
Q

What is the definition of remoteness

A

examines whether the actual harm suffered by the plaintiff was “too unrelated to the wrongful conduct to hold the defendant fairly liable” and, in this way, not reasonably foreseeable. ( reasonable foreseeability of damages)

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