Bmgt380: Exam ii Questions With Verified
Answers
Chapter 6 - intentional torts (invasion of privacy torts) - answer
4 Invasion of Privacy Torts - answer- Intrusion on Solitude or Seclusion
- Public Disclosure of Private Facts
- False Light Publicity
- Commercial Appropriation of Name or Liken...
4 Invasion of Privacy Torts - answer✔- Intrusion on Solitude or Seclusion
- Public Disclosure of Private Facts
- False Light Publicity
- Commercial Appropriation of Name or Likeness
Intrusion on Solitude or Seclusion - answer✔any intentional intrusion on the solitude or
seclusion of someone else if that intrusion would be highly offensive to a reasonable individual
example of Intrusion on Solitude or Seclusion - answer✔opening someone's mail, adopting an
unlawful strip search, examining someone's bank account
Will only apply if plaintiff has a reasonable expectable of privacy
Ex. If you take someone's photo in a public place when examine records are already available to
the public
Public Disclosure of Private Facts - answer✔when you publicize facts about someone else's
private life if that disclosure would be highly offensive to a reasonable person
- Truth is not a defense unlike in defense
- Liability would require widespread publication of the facts (has to be more widespread than 1
person)
examples of Public Disclosure of Private Facts - answer✔spreading information about
someone's sex life, or about bankruptcy
False Light Publicity - answer✔publicity that places someone in a false light if a reasonable
person would find that highly offensive would bring about liability
- Liability would require an unreasonable and highly objectionable publicity
- Attributing characteristics to a person that is not true
- Truth IS a defense
example of False Light Publicity - answer✔you sign a pro-choice person's name to a pro-life
petition
Commercial Appropriation of Name or Likeness - answer✔when a defendant commercially uses
someone's name or picture to imply that person's endorsement of a product or service without
their consent
- We all need to maintain exclusive control of our identities
- Our identities should not be used without our consent
example of Commercial Appropriation of Name or Likeness - answer✔Gap photoshops their
jeans on Sarah Jessica Parker -> she can sue them
Misuse of Legal Proceedings: - answer✔- Malicious prosecution
- Wrongful use of civil proceedings
- Abuse of process
Wrongful use of civil proceedings - answer✔(civil equivalent of malicious prosecution) -
defendant files a lawsuit without in good faith believing the basis for it
The defendant does this with an improper purpose
Ex. They are filing lawsuit to hurt the other party not because they think they are entitled to
recover
The lawsuit is actually resolved in favor of the plaintiff
-> Plaintiff would win underlying lawsuit
--
suing you out of spite (to get back at you or for wrong reason) - which makes u the defendant
and then you sue them for wrongful use of civil defendant -> making u the plantiff
Abuse of process - answer✔when a lawsuit is filed for a primary purpose other than what the
proceedings were designed for (for an improper purpose)
-- When lawsuit is filed for an improper purpose, the plaintiff in the underlying case may be
sued for abuse of process
Interference with Property Rights: - answer✔trepass
nuisance
conversion
Trespass - answer✔(unauthorized and intentional entry onto someone else's land). Intent is
simply the intent to be on the land (not intent to trespass). - unauthorized or unprivileged
intentional intrusion upon someone else's property
Required intent - is the intent to be on the land or cause the invasion
Even if you think you have the right to be on the land -> you can be sued for trespassing
trespass example - answer✔physically entering someone's land, causing someone else to enter
the land, staying on the property after being asked to leave, failing to remove something from
the land that you have the obligation to remove
nuisance - answer✔Interference with plaintiff's enjoyment or use of land
nuisance - public - answer✔occurs when the government is the plaintiff and the public is
affected
Ex - fireworks in the street, -> gov't would sue firework owner on behalf of the public
nuisance - private - answer✔- involves the interference with the plaintiff's enjoyment or use of
land BUT it doesn't involve a physical invasion
Ex. Loud music, smell of marijuana
Interference has to be substantial and unreasonable
Ex - blasting music for an hour is not usually substantial
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