Exam (elaborations)
Exam (elaborations) Tort Law (LA2001 ) Modern Tort Law 7/e, ISBN: 9781135253004
Part A Summarized(Moreham-TortLaw)
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Part A SummarizedKey words
What does the reasonable expectation of privacy depend on?
/ What are the principles or factors being argued upon by Moreham ? Which principle do you agree on
the most? Give reasons for it
Ans: The reasonable expectation of privacy is multifaceted, with important factors such as the
claimant's location, the nature of exposed information, and the nature of the behaviour in question all
being considered. The reasonable test is influenced by two principles: the first principle and the second
principle. According to the first principle, the expectation of privacy must be compatible with societal
attitudes toward information, and it is based on "what a reasonable man would think that people
should be protected against information exposure" (objective test).
According to the second principle, what signals or actions has the claimant expressed in regards to the
information being private, and whether social norms require that such privacy signals be respected?
(Subjective test). Both tests help to identify privacy issues that can be taken action on.
What does this article seek to recalibrate by uncovering these principles?
It seeks to recalibrate our understanding of the legal privacy interest.
How does the article recalibrate our understanding of legal privacy interest?
The article does this through the different aims present .Firstly the application of the reasonable
test of privacy requires more certainty in regards to the application .Since in the case of Weller v
Associated Newspapers Ltd [2015] the
court sympathized with the views that the private information tests were too
vague or uncertain .In brief the ‘ action need not to be amorphous’. Secondly the claimant-focused signals
approach tries to put the claimant's own behaviour in relation to the information or activity back at the centre
of the debate over what is and is not private. This concept not only reflects the subjective aspects of the
privacy interest, but it also emphasises the continued relevance of breach of confidence standards,
particularly those that recognise the significance of the circumstances in which information is conveyed.
How did Moreham structure the entire article?
The entire article is structured into four core stages. The article is divided into four sections. It starts by
stating two basic facts about how the reasonable expectation of privacy test works: first, that it is a normative
inquiry into what "privacy protection" the claimant is entitled to, and second, that reasonable expectations
of privacy are greatly influenced by context. The two new ideas are then thoroughly described. The paper
finishes by demonstrating how the two ideas might be combined to provide a conceptual framework for
applying the reasonable expectation of privacy test that is both straightforward and predictable.
Summarized : The article is divided into four sections. It starts by stating two basic facts about how the
reasonable expectation of privacy test works. The two new ideas are then thoroughly described. The paper
finishes by demonstrating how the two ideas might be combined to provide a conceptual framework.
, Do you agree with Lord Nichols that this article functions as the touchstone of the misuse of private
information? Support your answer with relevant case law
Ans: The reasonable expectation of privacy test which lies at the heart of the analysis in this article was
first identified as the "touchstone" of the misuse of private information action by Lord Nicholls of
Birkenhead in Campbell v MGN Ltd.
The author questions whether the application of the reasonable expectation of privacy test itself is
underpinned by two previously unarticulated principles. Why does she question of what constitutes a
‘reasonable expectation’ and why it creates uncertainty?
Or According to Moreham does the reasonable expectation of privacy has merit ?
Moreham questions what constitutes a reasonable expectation of privacy and why it creates uncertainty. In
Campbell case it requires for the claimant to be able to first establish the right to respect life as per the
ECHR Article 8. After proving the right then the defendant will need to show that particular right becomes
outweighed by some other interest such as freedom of expression. The claimant's location, the nature of
the action, the lack of consent, and courting publicity are all important considerations in the reasonable
expectations of privacy investigation. The paper assumes that the courts have identified an adequate
collection of considerations to govern the implementation of the reasonable expectation Of privacy test in
Murray and other decisions. It envisions a more limited role for the second part of the misuse of private
information action than scholars like Eric Barendt, who argue that courts should define privacy broadly.
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