Page 47 Flashcards
What are considered private facts for public revelation of private facts?
Things about the plaintiff’s life that are not open to public view, inspection, or record
If information comes from public records, can that be considered public revelation of private facts?
No
What would be some examples of public revelation of private facts?
- medical records being published
- disclosing someone’s identity and details about their past life
- doctor releasing pictures he took of a patient’s anatomy or embarrassing info
What are the elements of public disclosure of private facts?
- public disclosure of private facts about plaintiff
- fault in making the disclosure
- no legitimate public interest
- highly offensive to a reasonable person
- causation
What are some examples of things that would be considered highly offensive to a reasonable person for public revelation of private facts?
Newspaper saying plaintiff had an embarrassing disease, sex change, or affair
If it was published that someone was doing their laundry, would that be considered public revelation a private facts?
No, because that is not highly offensive
What does the plaintiff’s private life mean for public disclosure of private facts?
Things the public hasn’t already received and that aren’t open for public observation or in the public record
If someone publicly discloses your age, can that be public disclosure of private facts?
No, because your age is public record
If an event occurs in public, can that be privileged for public disclosure private facts?
No, so if you march in a gay pride parade, someone can report on it
If you tell a very small group of trusted friends and family something with the understanding it will be kept confidential, is that information still considered private?
Yes
Public disclosure of private facts must involve publicity to what?
The public at large or enough people that it is likely to reach the public
If a letter is sent from a collection agency to the plaintiff’s employer, is that a public disclosure of private facts?
No, because it was just one letter and wasn’t published to the public at large
What does the “no legitimate public interest” element mean for public disclosure of private facts?
That the publicized facts were not newsworthy and had no legitimate public interest
If public material involves something of legitimate public interest, but the material is in bad taste, and the defendant publishes it, can he be liable for public disclosure of private facts?
No
Just because time has passed, does that mean information is no longer of legitimate public interest?
No, so someone like a former star that isn’t in the public eye anymore is still considered a matter of public interest
What are defenses to public disclosure of private facts?
Consent and constitutional privilege for the media
Why is truth not a defense to public disclosure of private facts?
Because this is a tort about embarrassment
If someone doesn’t keep a secret when they promised that they would, can they be liable for public disclosure of private facts?
No, unless they were under a legal duty like doctor-patient confidentiality not to disclose the information
What is the constitutional privilege for media that is a defense to disclosure of private facts?
Media has an absolute privilege to take things from official court records
What are damages for public disclosure of private facts?
Compensatory damages
What is interference with family relationships?
Common-law right that a master has an interest in the health of his servants, including employees or spouses
Modernly what has happened to the tort of interference with family relationships?
It is been abolished or severely limited
What are the three different ways that you can interfere with family relationships?
- abduction
- criminal conversation
- alienation of affections
What is criminal conversation?
When someone has sexual relations with your spouse
Can consent be a defense to criminal conversation?
No
At common law, who could sue for criminal conversation?
A husband could sue if someone slept with his wife, but a wife couldn’t do the same
Modernly what has happened to the tort of criminal conversation?
It is been abolished
What is alienation of affections?
When D secures the affection of the P’s spouse or family/friends convince the spouse to leave the P
Why could a husband sue a third person that intentionally alienated the affections of his wife at common law?
Because the wife was the asset of her husband
Modernly what has happened to the tort of alienation of affections?
Most courts have abolished it, but some now allow it for either spouse
What is misrepresentation?
- material misrepresentation which D knew was false or made with reckless disregard
- intending to induce reliance
- causing justifiable reliance
- pecuniary damages to P
What is public revelation of private facts?
Unreasonable public disclosure of private facts that are highly offensive to a reasonable person and not newsworthy
Why doesn’t a promise to act in the future count for misrepresentation?
Because it has to be an assertion of false past or present fact
When is an omission considered a misrepresentation?
Only if there was a duty to disclose, a special relationship, or an act of concealment
Can you recover for pure economic loss under misrepresentation?
Yes, but it depends on whether the misrepresentation was from an intentional tort, negligence, or strict liability
When can you get punitive damages for misrepresentation?
Malice is present
What are the elements of misrepresentation?
- material misrepresentation by D
- D knows the misrepresentation is false, or acts with reckless disregard
- intent to induce reliance
- causation
- justifiable reliance by P
- damages
What is considered a material misrepresentation for the element of misrepresentation?
A false, material misrepresentation of past or present material fact a reasonable person would attach importance to or the defendant knows regards as important,
Can the misrepresentation be an opinion?
No but present states of mind or intentions can be treated as misrepresentations of fact
How are representations usually made for misrepresentation?
Orally or by conduct
What are exceptions to material misrepresentation for misrepresentation?
- opinions by experts to non-experts
- fiduciaries
- statements that look like opinions but are based on info that isn’t available to the other person
- defendants that mislead the victim
What are the three types of misrepresentation?
- false affirmative assertion
- fraudulent concealment
- failure to disclose
When does fraudulent concealment not apply?
If defendant stated the product was “as is” or put P on notice of concealed facts
When are situations that a defendant has a duty to disclose information?
- fiduciary
- makes an assertion believing it is true, discovers it isn’t, and knows P is relying on it
- makes incomplete/ambiguous assertion that is misleading or a half truth –> duty to clarify or disclose the truth
- defendant makes false assertion not intending for someone to rely, but finds out someone did, has a duty to disclose
- sale of property
- P reasonably expects disclosure
If you are selling property, what is your duty to disclose facts?
If material facts are known to you and unknown or not readily accessible to the buyer, you must disclose them
If you sell a building infested with termites, would you have a duty to tell the buyer that?
Yes, otherwise you’ve committed a misrepresentation
