Other torts Flashcards
False Light
you say something about someone that is not true, portraying them in a false light, that’s generally not bad
Appropriation
The unauthorized use of the Plaintiffs likeness for profit
Public disclosure of a private matter
publicly disclosing a private matter, something you want to keep private
Intrusion upon seclusion
physical invasion of privacy
Intentional Misrepresentation
intentionally misrepresenting a material fact that causes reliance to their determine Fraud or deceit
Negligent misrepresentation
negligent misleading someone whom im under a special relationship with
Tortious interference with a contractual relationship
1) D KNOWS A K EXITS BETWEEN 2 PARTY, 2) D INDUCES ONE PARTY TO BREACH CONTRACT 3) Causing damage
Malicious prosecution
start criminal proceeding without probable cause for some ulterior motive
Virginia does not recognize
Intrusion upon seclusion or False light
Virginia has codified the tort of misappropriation
The statue allows a COA to be brought in the event that a person’s name or likeness is used for the “purposes of trade” unless
- consent
- The person is dead and next of kin gave consent
- The person is a minor and parent gave consent
Suit in equity to get an injunction
Suit in law to get compensatory damages, jury can award punitive damages
Right to sue for this survives the P by 20 years
Va tort based on an employer’s improper discharge of an employee
Cannot discharge an employee, even one that is at will, for a reason that violates public policy
Va conspiracy to induce a breach of contract of a business reltionship
To prevail P has to show that there was a K or business relationship
Interference with Parental rights
1) Complaining parent has a right to establish or to maintain a parental relationship with the parent’s minor child
2) an outside party intentionally interfered with the complaining parents rights by removing the child, or preventing the parent from exercising his parental rights
3) the interference caused harm with the parents relationship with the child and the complaining parent