Invasion of Privacy, and Other Harm to Economic and Dignitary interests

Question 1

Right to Privacy

Answer 1

• right of privacy is a personal right
• does not extend to members of a family
• does not survive death of pl
• is not assignable
• not applicable to corporations

Question 2

Invasion of Right to Privacy

Answer 2

• must’ve been proximately caused by def’s conduct
• pl need not plead and prove special damages
• emotional distress + mental anguish are sufficient damages

Question 3

Invasion of Right to Privacy - Kinds of Wrongs

Answer 3

• appropriation of pl’s picture or name
• intrusion on pl’s affairs or seclusion
• publication of facts placing pl in a false light
• public disclosure of private facts about pl

Question 4

Appropriation of Pl’s Picture or Name

Answer 4

• necessary to show unauthorized use of pl’s picture or name for def’s commercial advantage
• liability generally limited to ads or promotions of products or services
• mere econ benefit to def (not in connection to promoting a product or service) by itself is not sufficient

Question 5

Intrusion on Pl’s Affairs or Seclusion

Answer 5

• claim forbids such acts as eavesdropping, spying, interception or phone calls or electronic communications + other similar conduct
• act of prying or intruding must be highly offensive to a reasonable person
• the thing into which there is an intrusion must be private (photos take in public places not actionable)

Question 6

Publication of Facts Placing Pl in False Light

Answer 6

• exists where one attributes to pl views they don’t hold or actions they didn’t take
• must be something highly offensive to a reasonable person under the circumstances
• for liability to attach, def must circulate the statement to the public at large
  -> sharing statement with only one or a few persons won’t be sufficient to trigger liability
• if matter of public interest, actual malice on def’s part must be proved

Question 7

Public Disclosure of Private Facts About Pl

Answer 7

• involves public disclosure of private info about pl (matters of pub record not sufficient)
• must be highly offensive to a reasonable person of ordinary sensibilities
• liability may attach even though the actual statement is true
• 1st Am limits probs apply if matter is of legit pub interest

Question 8

Invasion of Right to Privacy - Defenses

Answer 8

• consent
• defamation privilege defenses
• truth generally NOT a good defense, nor is inadvertence, good faith or lack of malice

Question 9

Intentional Misrepresentation

Answer 9

To establish prima facie case, need:
- misrepresentation of a material past or present fact
- scienter (when def made the statement they knew or believed it was false or that there was no basis for the statement)
- intent to induce pl to act or refrain from acting in reliance upon the misrepresentation
- causation
- justifiable reliance
- damages (pl must suffer actual pecuniary loss)
- NO defenses

Question 10

Duty to Disclose

Answer 10

• NO general duty to disclose a material fact, unless def:
  1) stands in a fiduciary relationship to pl
  2) is selling real property + knows pl is unaware of + cannot reasonably discover material info about the transaction OR
  3) has spoken + their utterance deceives pl
• physical concealment of a material fact may also constitute a misrepresentation

Question 11

Third-Party Reliance

Answer 11

• if a third party relies on the defendant’s representation, def will be liable if they could reasonably foresee that the third party would so rely

Question 12

Reliance on Opinion

Answer 12

• reliance generally is justifiable only on representations of fact (and pl is under no ob to investigate the fact)
• reliance on op is justifiable only if def offering the op has a superior knowledge of the subject matter

Question 13

Negligent Misrepresentation

Answer 13

• generally confined to misreps made in commercial setting + liability attaches only if reliance by the particular pl could be contemplated

Prima facie case for negligent misrepresentation requires:
- misrepresentation by def in a business or professional capacity
- breach of duty toward a particular pl
- causation
- justifiable reliance
- damages

Question 14

Interference with Business Relations - Prima Facie Case

Answer 14

Requires:
- existence of a valid contractual relationship between pl + third party or valid business expectancy of pl
- def’s knowledge of the relationship or expectancy
- intentional interference by def inducing a breach or termination of relationship or expectancy
- damages

Question 15

Interference with Business Relations - Privileges

Answer 15

• Def’s conduct may be privileged if proper attempt to obtain business for itself or protect its interests

Privilege more likely to be found if def:
1) interfered only w/ pl’s prospective business rather than with existing contracts
2) used commercially accessible means of persuasion rather than unlawful or threatening tactics
3) is a competitor of pl seeking same prospective customers OR
4) has a financial interest in or responsibility for the third party, or is responding to the third party’s request for business advice