SMGT 3861 Lecture Notes - Lecture 3: False Light, First Amendment To The United States Constitution
32 views2 pages
Published on 20 Feb 2019
School
Department
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