ipl-logo

Four Categories Of Intentional Tort

740 Words3 Pages

Intentional Tort
Torts actionable upon evidence of an intent to cause harm to another, such as assault, trespass, false imprisonment, private nuisance, defamation or invasion of privacy. the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded.
Four Categories of Intentional Tort
Invasion of Privacy - Intrusion of Solitude
Intrusion of solitude, seclusion or into private affairs is a subset of invasion of privacy earmarked by some spying on or intruding upon another person where that person has the expectation of privacy. The place that the person will have an expectation of privacy is usually …show more content…

However, law enforcement, may at times circumvent this law by obtaining permission from the courts first. In rare cases, law enforcement may even obtain permission after-the-fact for the wiretaps.
Opening someone's mail is also considered to be intrusion of solitude, seclusion or private affairs. The information gathered by this form of intrusion need not be published in order for an invasion of privacy claim to succeed. Trespass is closely related to the intrusion tort and may be claimed simultaneously.
Invasion of Privacy - Appropriation of Name, Likeness or Identity
The appropriation of a private person's name, likeness or identity by a person or company for commercial gain in prohibited under the invasion of privacy laws. This law pertains to a private figure and not a public figure or celebrity, who have fewer and different privacy rights.
This law was born from a couple of court decisions in the early 1900's where a private person's photograph was being used without consent for advertising purposes and without the person receiving any money for using their pictures in print. The courts recognized the common law right to privacy including a person's identity had been violated by the unauthorized commercial use. In later cases, a person's voice was also …show more content…

This tort shares many similarities with libel and many courts have trouble separating the two. As in libel, the best defense in a false light invasion of privacy case is telling the truth. If the defendant made a highly offensive public statement about the plaintiff that happened to be true, the there is no false light claim.
Some high-interest supermarket tabloids have been successfully sued for false light invasion of privacy claims. Printing a private person's name or likeness in a way that is highly offensive and untrue has opened up some of these papers to large damage awards.
Invasion of Privacy - Public Disclosure of Embarrassing Private Facts
Public disclosure of embarrassing private facts is an invasion of privacy tort when the disclosure is so outrageous that it is of no public concern and it outrages the public sense of decency. In this invasion of privacy tort, the information may be truthful and yet still be considered an invasion if it is not newsworthy, the event took place in private and there was no consent to reveal the information. Divorce situations and relationship breakups may involve this kind of invasion of privacy

Show More
Related

  • Riley Vs California Case Study

    933 Words  | 4 Pages

    1. Warrantless search of cell phones implicates substantial greater risk of intruding upon an individual’s privacy. In this case, digital data is involved, more substantial privacy interest of an individual are at stake. Further owing to the nature in which digital data is stored, search of evidence on cell phones may extend beyond the physical proximity of an arrestee, thus the need for police officers to acquire a search warrant. Court

    Read More

  • Case Of Hustler Magazine Inc. V Falwell

    1239 Words  | 5 Pages

    Hustler Magazine, Inc. v. Falwell Oral Argument Summary The oral argument in Hustler Magazine, Inc. v. Falwell consists of Isaacman’s arguments along with the justices’ questioning of both attorneys. Isaacman argued that parody, specifically the Campari Ad which contained a fake interview about Jerry Falwell’s incestuous relationship with his mother, should be protected by the First Amendment. On the other side of the argument, Grutman who represented Jerry Falwell argued that the speech should be held liable because it caused emotional distress.

    Read More

  • Psy 270 Week 3

    515 Words  | 3 Pages

    1. Define the Problem A client had complete access to the information of another client, who is a prominent public figure. Merry Watson had complete freedom to read confidential information of another client.

    Read More

  • Rhetorical Analysis: Hoffa V. United States

    625 Words  | 3 Pages

    One of, if not, the most provocative arguments Kerr offers in his article is that the third-party doctrine should not be framed in terms of “reasonable expectation of privacy” in which a person “waives” their reasonable expectation of privacy, but rather as a consent doctrine. In his view, what we voluntarily disclose to third parties eliminates Fourth Amendment protection because of implied consent. Specifically, a person voluntarily discloses information to a third party if they do so knowingly. Consequently, searches, if a government agent’s conduct is deemed as such, are reasonable because the person allowed the government to do so. Kerr’s example for his principle is problematic.

    Read More

  • False Statements On Television About Coach Josephs

    604 Words  | 3 Pages

    Defendant made false statements on her website and on television about Coach Josephs. False statements are defamatory when the evidence is clear and convincing that the speaker knew the statement was untrue, or the speaker “acted with reckless disregard for the truth.” Stevens v. Tillman,855 F.2d 394, 396 (7th Cir. 1988). Specifically, on her website, Defendant states that Coach Josephs forces his players to use steroids in order to win at all costs. In addition, she accuses Coach Josephs of “ostriching” and “turning a blind eye” to the steroid usage at the school.

    Read More

  • Fourth Amendment Dbq Essay

    699 Words  | 3 Pages

    This quote from document A helps show that the government had invaded the privacy of someone’s conversation and the person nor public knew about this. The call the person made was recorded and violated the person’s privacy as they spoke to someone. The government has also disrupted people’s privacy by scanning homes. “Society regards as reasonable the expectations of privacy from such intrusive scanning of the home” (Doc D). They’ve used various materials to search a home which violates the privacy of people.

    Read More

  • Privacy In The 4th Amendment

    1652 Words  | 7 Pages

    Personal Privacy There are many reasons why all counter-terrorism efforts potentially violate the 4th amendment. The government thinks that looking into other people’s privacy will be a better way to find their so called enemies but in doing so, that will also mean that they have to look into people’s information and some of those people may not have caused any crime of any sort. One targeting the wrong people for crimes they never committed, two searching a person without a valid warrant/reason, and invading in someone else's privacy without them knowing. It will be explained as to why it isn't right for the government to be spying on civilians as an excuse to save the country from potential enemies.

    Read More

  • Process Essay: Violation Of The Fourth Amendment

    592 Words  | 3 Pages

    One of the cases is the City of Ontario v. Quon in California that went from 2009 to 2010. The cases involves police officers who were given text-messaging pagers and one of the officers messages were read without their permission. The police department did not have an official text messaging privacy policy but they did have a general policy stating “employees shouldn't expect privacy when using internet, e-mail and internet use and can be monitored with or without notice.” The police department verbally told them the texting pagers were considered e-mail and were subject to general policy. In the supreme court they decided that the reading of the texts was justified because it was reasonable.

    Read More

  • Summary Of The Supreme Court Case Of Brady Vs. Maryland

    688 Words  | 3 Pages

    1. First and foremost, in regards to the case of Brady v. Maryland (1963), prosecuting attorneys withheld information from the courts in the conviction of Brady and Boblit for first degree murder. Boblit had written a confession before the trial stating he had committed the murder on his own, but due to the prosecution withholding exculpatory evidence, Brady was also convicted of the same murder. Brady petitioned the courts and the Supreme Court Ruled in favor of Brady, stating his rights of “due process” had been violated by the state of Maryland. It is from this case that a defendant may request Brady disclosure.

    Read More

  • Sheeza Clodd Lee Case Summary

    479 Words  | 2 Pages

    Based on the scenario, the branches of invasion of privacy that exist are intrusion upon personal solitude, public disclosure of private facts, and appropriation. Studd Lee may bring a lawsuit against Sheeza Clodd for intrusion upon personal solitude considering how Sheeza Clodd’s recording satisfies all the elements for this tort. By recording Studd Lee’s conversation with his doctor, Sheeza Clodd invaded Studd Lee’s physical solitude or seclusion, causing him mental anguish; this condition supports one of the legal elements required for this invasion of privacy branch. Moreover, the recording took place during a medical checkup in his personal physician’s office, a place where things are supposed to be kept private; thus, Studd Lee must have had a reasonable expectation of privacy where the intrusion takes place.

    Read More

  • Two Types Of Negligence

    2239 Words  | 9 Pages

    Introduction Negligence Negligence occurs if someone suffers harm, and the person who causes such harm does so through carelessness. For example, Mr Harley, a blind man tripped over a long-handled hammer which had been left near a hole in the pavement. The House of Lords held that the Electricity Board whose workmen had dug the hole, had failed to consider that blind people might be passers by.

    Read More

  • Intentional Tort: Court Case Study

    556 Words  | 3 Pages

    Julian wants to sue David, the other player. In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? 
Julian’s attorney is most likely to allege Intentional Tort for his complaint to be successful. An intentional tort occurs whenever someone intends an action that results in harm to a person’s body, reputation, emotional well-being, or property. During the game David kicked Julian in the head while Julian was in possession on the ball.

    Read More

  • Invasion Of Privacy: Enclosed Phone Booths

    176 Words  | 1 Pages

    Enclosed phone booths are generally in public spaces and often have doors that close to ensure privacy while phone stations do not have an enclosures and conversations can be overheard. When Katz closed the door to initiate his phone call, he believed he was conducting his call in private because he understood that no one could hear him unless an ear was smashed up to the booth. By attaching a box that housed a recording device outside of the booth was an invasion of privacy even though there was no physical intrusion. Devices such as global positioning systems that catch geographic coordinates as in United States v. Jones, 132 S. Ct. 945, 565 U.S. ___ (2012) and captured electronic data extracted from a cell phone in Riley v. California, 573

    Read More

  • Essay On Invasion Of Privacy

    1109 Words  | 5 Pages

    “Once you’ve lost your privacy, you realize you’ve lost an extremely valuable thing” - Billy Graham. “Invasion of privacy is a legal term. It is used to describe a circumstance where an individual or organization knowingly intrudes upon a person. The intrusion occurs when the person has a reasonable expectation of privacy, such as in a bathroom or locker room”(Winston). There are many factors that help with the loss of privacy these days.

    Read More

  • Tort Of Trespass

    1411 Words  | 6 Pages

    It can be defined as: Any act of the defendant which directly and intentionally causes the plaintiff immediately to apprehend a contact with his person. In general words will not amount to an assault unless they are accompanied by actions which could be perceived as a possible assault. . The essential feature of this tort is the mental impact on the plaintiff, who must perceive the likelihood of imminent battery. This belief must be reasonable, in light of all the circumstances, and is not dependent on the defendant’s actual intention or ability to implement the threatened contract. Thus, a person who employs threats or intimidating gestures without any intention of implementing the threatened harm commits an assault, unless the intention not to pursue is reasonably apparent.

    Read More

More about Four Categories Of Intentional Tort

Open Document