SMGT 3861 Lecture Notes - Lecture 3: False Light, First Amendment To The United States Constitution

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Published on 20 Feb 2019
School
Course
Professor
Chapter 2 Continued
Tuesday, February 19, 2019
6:25 PM
Invasion of Privacy: Appropriation
Occurs when someone uses, without permission and for his own benefit, the
name, likeness, or other identifying characteristic of another person
o Often done for a commercial purpose
o Use of athletes' names on advertisements, posters, trading cards
without permission
Defenses:
o Consent
o First amendment (if not for a commercial purpose)
Invasion of Privacy: False Light
Similar to defamation
Thought not outright false, statements that put plaintiff in a false light
o Photo of athlete with a woman other than his spouse in a newspaper
with a caption implying (but not saying) they are romantically involved
o Very hard to prove
Defense is First Amendment
Right of Privacy: Public Disclosure of Private Facts
Publication of facts that are private and would cause embarrassment and
humiliation and would not be legitimate concern to the public
With public figures, this claim is extremely difficult to make
Defense is First Amendment
Product Liability: Warranties
A warranty is a guarantee by a manufacturer, wholesaler, or retailer to a
buyer that the product will perform according to identified standards for a
specified period of time
Requirements for maintenance, intended use and other specifications must
be given to the buyer
o Warranties are considered a basis of the bargain of the sales contract
Defenses
Improper equipment installation
Improper modification
Use of the product for unforeseeable purpose
Failure to use the product in accordance with instructions
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