Invasion of Privacy

Question 1

Generally, relates to the violation of one’s right to be let alone. One of four theories must be charged: appropriation of likeness, intrusion upon seclusion, public disclosure of private facts, or false light

Answer 1

Invasion of Privacy

Question 2

Under this theory, the plaintiff alleges that the defendant has committed an invasion of privacy through the unauthorized use of the plaintiff’s name or likeness. Most commonly, the suit arises from the use of the plaintiff’s name or likeness to promote a business or product, however most jurisdictions do not require a commercial use.

Answer 2

Appropriation of Likeness

Question 3

Under this theory, the plaintiff alleges that the defendant has committed an invasion of privacy through an intentional and unreasonable interference with the plaintiff’s private affairs or an invasion of a location in which the plaintiff has a reasonable expectation of privacy.

Answer 3

Intrusion upon Seclusion

Question 4

Under this theory, the plaintiff alleges that the defendant has committed an invasion of privacy through the publication of information relating to the plaintiff which is not of legitimate concern to public, in a way that would be highly offensive to a reasonable person.

Answer 4

Public Disclosure of Private Facts

Question 5

This theory is not recognized by some states and in these states, the plaintiff must prove defamation to recover damages. However, in those states which recognize this theory, the plaintiff must prove that the defendant has committed an invasion of privacy through the publication to the public of offensive, untruthful or misleading information about the plaintiff. In California, where the publication involves a false statement, an action is brought for defamation; where the publication involves a false implication, an action is brought under this cause of action.

Answer 5

False Light