Invasion of Privacy Flashcards
Invasion of Privacy
Appropriation of plaintiffs picture of name
Publications of Facts Placing plaintiff in a false light
intrustion on plaintiffs affairs or seclusion
public disclosure of private facts.
appropriation
unauthorized use of plaintiff’s picture or name for defendants commercial advantage
intrusion
The act of prying or intruding must be highly offensive to a reasonable person. must be private. photos taken in public places are not actionable.
Publication of facts in false light
false light exists where on attributes to plaintiffs views he does not hold or actions he did not take. highly offensive to a reasonable person under the circumstances and must be publicity
public disclosure of private facts about plaintiff
public disclosure of private information about plaintiff must be highly offensive to a reasonable person. even if statement is true liability will attach.
causation
invasion must have proximately caused by defendants conduct
special damages
no need to prove. mental anguish and emotional distress are enough
defenses
consent and the privilege. NOT truth, inadvertance, good faith, or lack of malice
right of privacy
personal right and does not extend to members of a family does not survive the death of a person and is not assignable, nor applicable to corporations.