California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A celebrity chef, known for her secret recipes, was photographed by a paparazzi hiding in bushes outside her home, taking pictures of her in her private garden through a gap in the fence. The chef was unaware of the paparazzi's presence until a week later when the photos appeared in a tabloid magazine. Which privacy tort has most likely been committed?
- AAppropriation of Likeness
- BPublic Disclosure of Private Facts
- CIntrusion upon Seclusion
- DFalse Light
Show answer & explanationAnswer & explanation
Correct answer: C. Intrusion upon Seclusion
Intrusion upon seclusion involves an intentional physical or electronic invasion of a person's private affairs or solitude in a manner highly offensive to a reasonable person. The paparazzi's act of hiding and photographing the chef in her private garden, even without publication, constitutes such an invasion.
Why the other options are wrong
- A. Appropriation involves using someone's likeness for commercial gain, distinct from invading their privacy.
- B. Public disclosure of private facts requires publication of private information, but the tort of intrusion focuses on the act of invasion itself, not necessarily the publication.
- D. False light involves portraying someone in a false and offensive manner, which is not the primary harm here.
Intrusion upon Seclusion
An intentional invasion of a person's private affairs or solitude, in a manner highly offensive to a reasonable person.
- Intentional act of intrusion.
- Into a private place or private affairs.
- Highly offensive to a reasonable person.
- Publication is not required.
Memory trick: Private space, unwarranted gaze, highly offensive maze.