MBE: Invasion of right to privacy

Question 1

Appropriation of Ps picture or name

Answer 1

P must establish an unauthorized use of P’s picture of name for D’s commercial advantage, unless newsworht publication. Remedies: injunction; damages.

Question 2

Intrusion

Answer 2

P must show that D’s act of prying or intruding into a private affair, in which P has a reasonable expectation of privacy, would be objectionable to a reasonable person.

Question 3

False light

Answer 3

P must show that D attributed to P certain views that he does not hold or actions he did not take which would be objectionable to a reasonable person under the circumstances. In addition, there must be publication (must be widespread) dissemination of major/material falsehood). If public concern, must prove malice.

Question 4

Disclosure

Answer 4

P must show a public disclosure of private info about P that would be objectionable to a reasonable person (must be widespread dissemination of confidential info), unless news worthy publication.

Question 5

Defenses

Answer 5

Consent
Absolute and qualified privileges.

Truth not a defense