Privacy torts and defences Bar Exam Flashcards - Medical Study Cards
Master Privacy torts and defences with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Privacy torts and defences Flashcard Deck - 7 Cards
Flashcard 1: Nadia consented to her portrait being used for a theater's online profile. The theater then licensed it for a national shoe advertisement without her permission. Which privacy tort is most likely implicated, and why does consent not defeat the claim?
Answer: Appropriation is most likely implicated. While Nadia consented to one use, the lesson states that 'Consent to one identified use does not authorize a materially different use.' The national shoe advertisement is a commercial use for the defendant's advantage, materially different from the consented-to theater profile, thus exceeding the scope of her consent.
Flashcard 2: What are the elements of intrusion upon seclusion?
Answer: The defendant must intentionally intrude, physically or otherwise, upon the plaintiff’s private affairs or seclusion in a manner that would be highly offensive to a reasonable person. The plaintiff need not prove publication or economic loss.
Flashcard 3: What are the four privacy torts?
Answer: They are intrusion upon seclusion, appropriation of name or likeness, publication of private facts, and false light. Each requires conduct highly offensive or otherwise legally objectionable under the applicable tort, and false light additionally requires publicity placing the plaintiff in a highly offensive false portrayal.
Flashcard 4: What is the primary distinction between misrepresentation and defamation, and what triggers their application?
Answer: Misrepresentation protects economic interests in a transaction: a false, usually material statement of fact that the claimant justifiably relies on in entering or altering a transaction and that causes pecuniary loss. Defamation protects reputation: publication to a third person of a defamatory statement of fact concerning the claimant, with the required level of fault, causing presumed or actual reputational harm depending on the claim. Thus, misrepresentation is triggered by transaction-related reliance and pecuniary loss; defamation by publication of defamatory words—not merely by a claim of reputational harm.
Flashcard 5: When is a defendant liable for negligent misrepresentation?
Answer: A defendant who, in the course of business or a profession, supplies false information for the guidance of others is liable for negligent misrepresentation when the plaintiff justifiably relies and suffers pecuniary loss, if the defendant failed to exercise reasonable care. Under the Restatement majority approach, liability generally extends to a limited group of persons for whose benefit or guidance the information was supplied.
Flashcard 6: What defenses commonly apply to privacy torts?
Answer: Consent is a complete defense within its scope, and truth generally defeats false light and publication-of-private-facts claims. Matters of legitimate public concern, newsworthiness, and constitutional protection for public discussion may also defeat privacy liability, subject to the specific tort and jurisdiction.
Flashcard 7: What is the truth defense to defamation, and who bears the burden?
Answer: Truth is an absolute defense to defamation, even if the statement causes reputational harm or was published with ill will. The defendant generally bears the burden of proving substantial truth.
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