Term
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Definition
| Definition: An individual’s right to be free from intrusion into or publicity concerning matters of personal nature |
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Term
| Rules of invasion of privacy |
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Definition
1) Intrusion on seclusion - ex: someone breaks into your apartment
2) Public disclosure of private facts - ex: celebrity entering back door of rehab center so they aren’t caught by paparazzi
3) False light publicity - showing someone in a false light (getting closer to a defamation case)
4) Commercial appropriation of name or likeness (history lesson because if you understand this, you’ll understand rights of publicity, which is on the final!!!!!)
Appropriation: taken without permission.
People don’t normally sue under #4 tort because you can get much broader rights with rights of publicity. |
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Term
| Right of Publicity → Stems from #4 of right of privacy. |
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Definition
| Definition: The right to control the commercial use of one’s identity |
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Term
| Rules of Right of Publicity |
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Definition
Used plaintiff’s identity
Appropriated plaintiff’s name and likeness to defendant’s advantage, commercial or otherwise
Lack of consent
Resulting injury.
Definitions to know regarding rights of publicity:
Residuary Clause - is a provision in a will that disposes of property not expressly disposed of by other provisions, and is often overlooked by those who choose to prepare a will on their own. |
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Term
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Definition
| Definition: The act of communicating false statements about a person that injure the reputation of that person |
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Term
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Definition
Statement - plaintiff must prove that the defendant made a false & defamatory statement
Publication - was it mae public either by document or media format
False & defamatory - were they false statements that were considered untrue?
Of and concerning another - must be narrow enough to prove that it was you they were speaking about
Unprivileged - did the individual make an unprivileged statement to a third party? |
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Term
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Definition
| Definition: It is when one of the parties fails to perform any part of the contract agreement, written or verbally, without a legal excuse. Can include oral in some cases. |
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Term
| Rules of breach of contract |
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Definition
There was a valid contract in place
Breach of the contract’s terms
Damages for breach of contract |
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Term
| Contract MUST be written for: |
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Definition
Sale of land;
Sale of goods over $500;
Contracts exceeding a person’s life;
Promises to pay someone else’s debt; and
Agreements that cannot be completed within one year as required by the terms and conditions within the contract. |
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Term
| Definitions to know/use alongside defamation/breach of contract: |
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Definition
SLAPP (strategic lawsuit against public participation) (plaintiff files) - An attempt by a person or entity to silence a person
anti-SLAPP / motion to strike- Allows for a defendant to file for special motion to strike. (used to counter SLAPP) (defendant files)
Class Action - When a group of people with the same or similar injuries from the same product used sue the group. (watch out for this in a breach of contract case)
Trade Secrets - A secret formula or technique that helps something become successful. |
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