Torts · Privacy Torts

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MBE Torts: Privacy Torts

This breakdown covers key aspects of privacy torts as tested on the MBE, providing essential rules and typical question patterns.

Overview

Privacy torts involve the invasion of a person's right to privacy through various mechanisms, including intrusion upon seclusion, appropriation of likeness, public disclosure of private facts, and false light. These torts are designed to protect individuals from damages caused by unauthorized disclosures or intrusions that affect their personal lives. The MBE often tests the distinctions between these torts and their implications in different factual scenarios, so it's essential for examinees to understand the elements of each tort.

Key Rules
  1. Intrusion upon seclusion requires an intentional intrusion into a private place or matter where the plaintiff has a reasonable expectation of privacy.
  2. Appropriation of likeness involves the unauthorized use of a person's name or likeness for commercial purposes.
  3. Public disclosure of private facts requires the disclosure of information that is true but private, and which is highly offensive to a reasonable person.
  4. False light involves portraying someone in a misleading way that may not necessarily be defamatory but still attributes false characteristics or beliefs to them.
  5. General defenses include consent, where the plaintiff authorized the defendant's actions, and the defense of public interest, especially in cases involving public figures.
Common Question Patterns
  • Identifying whether an intrusion on seclusion occurred based on the facts.
  • Determining if consent was given for the use of a person's likeness.
  • Assessing whether the disclosure of private facts is considered offensive and to whom it would be offensive.
  • Analyzing whether the portrayal of an individual constitutes false light and the necessary elements for it.
  • Evaluating defenses available against claims of privacy torts.
Practice Questions

1. A journalist secretly videotapes a celebrity in a private hotel room without their consent. What tort is most likely to be claimed by the celebrity?

A. A) Appropriation of likeness

B. B) Intrusion upon seclusion(Correct)

C. C) False light

D. D) Public disclosure of private facts

Explanation: The correct answer is B) Intrusion upon seclusion, as the journalist intruded into the celebrity’s private space without consent.

2. A company runs an advertisement featuring a famous athlete's image without permission. The athlete sues for what tort?

A. A) Intrusion upon seclusion

B. B) Appropriation of likeness(Correct)

C. C) Public disclosure of private facts

D. D) False light

Explanation: The correct answer is B) Appropriation of likeness, as the company used the athlete's likeness for commercial gain without permission.

3. An employer discovers that an employee has a medical condition and discloses this information in a company-wide email. If the employee sues for invasion of privacy, which tort could they potentially claim?

A. A) Intrusion upon seclusion

B. B) Appropriation of likeness

C. C) Public disclosure of private facts(Correct)

D. D) False light

Explanation: The correct answer is C) Public disclosure of private facts, as the employer disclosed private information that is likely to be considered highly offensive.

4. A tabloid magazine publishes a fabricated story about a celebrity's personal life that implies they engage in illegal activities. What privacy tort can the celebrity claim?

A. A) Intrusion upon seclusion

B. B) Appropriation of likeness

C. C) False light(Correct)

D. D) Public disclosure of private facts

Explanation: The correct answer is C) False light, as the tabloid created a misleading impression about the celebrity that could harm their reputation.

5. A college student overhears intimate details about another student's life in a private conversation and later shares those details with friends. Can the student who was overheard successfully claim a privacy tort?

A. A) No, because the conversation was not recorded.(Correct)

B. B) Yes, for intrusion upon seclusion.

C. C) Yes, for public disclosure of private facts.

D. D) No, because there was no malicious intent.

Explanation: The correct answer is A) No, because the conversation was not recorded. There is no actionable invasion of privacy here since it was simply overheard.

Test-Taking Tips
  • Carefully consider the facts and how they fit into the definitions and elements of each privacy tort.
  • Familiarize yourself with the defenses that can negate liability for invasion of privacy.
  • Look for keywords in questions that signal specific privacy torts, such as 'intrusion,' 'appropriation,' or 'disclosure.'

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