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Texas Torts and Remedies
 
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


4-53 Texas Torts and Remedies 53.syn


Title

INVASION OF PRIVACY

Author

J. Hadley Edgar;James B. Sales

Chapter Summary


AB'STRACT TEXT:

This chapter, Invasion of Privacy, discusses causes of action for invasion of privacy. The emphasis is on the common-law tort of invasion of privacy, which is made up of several distinct but related types of invasion. The chapter explains each type of invasion in depth, including applicable constitutional restrictions, and defenses and remedies applicable to common-law invasion of privacy generally. The chapter also covers other causes of action related to each type of invasion, and briefly discusses the evolving cause of action based on a constitutional right to privacy, as well as various statutes that give rise to a right to privacy.

Specifically, the chapter begins with an introduction to the common law right of privacy and discussion of restrictions on the common law of invasion of privacy. The chapter considers elements of an action for intrusion including the necessity of an intentional intrusion, into private affairs, and that the intrusion be substantial and consist of conduct that is offensive or objectionable to the ordinary reasonable person. It considers when debt collection practices can constitute an intrusion, and electronic intrusions such as eavesdropping and wiretapping. It also addresses public figures and their right to be free from intrusions, as well as related causes of action.

The chapter discusses an action for disclosure including the elements, which are publicity, disclosure of private affairs, an offensive disclosure, and disclosures of matters not of legitimate public concern. It addresses actions for disclosure by public figures, and compares disclosure actions with defamation.

The chapter also briefly addresses the Texas Supreme Court's decision not to recognize a cause of action for false light invasions of privacy. It discusses appropriation including the elements of the cause of action which are an appropriation of a plaintiff's identity, identification of the plaintiff, and benefit by the defendant. It also considers actions for appropriation by public figures, and compares other types of invasions of privacy.

Finally, the chapter considers defenses to common law invasion of privacy as well as remedies applicable to all of the causes of action discussed in the chapter. Defenses discussed include truth, consent, privilege, and the statute of limitations. Remedies considered include compensatory damages, nominal damages, exemplary damages, and injunctive relief. The chapter concludes with discussion of the Constitutional right of privacy and the statutory right of privacy.

Texas Torts and Remedies (Matthew Bender) provides complete and detailed treatment of the substantive Texas law of torts, as well as remedies for tortious injury. Updated twice a year, the set tracks recent developments in areas such as government liability, products liability, and workers' compensation. It provides comprehensive coverage of Texas tort law, including: principles of liability; professional liability; torts relating to real property; torts relating to transportation; products liability and commercial torts; intentional torts; claims against public entities; insurance claims; and remedies.

CORE TERMS:

Privacy,intrusion,eavesdropping,wiretapping,defamation,appropriation,consent,privilege,compensatory damages,nominal damages,injunctive relief,exemplary damages,evidentiary privileges.

RELATED CHAPTERS: (View)

See Chapter 100 for discussion of procedure and mandatory venue exceptions in libel, slander or invasion of privacy cases.

OTHER RELATED PUBLICATIONS:

See Products Liability Practice Guide (Matthew Bender) for step-by-step guidance through each phase of a products liability case, along with checklists, forms, sample pleadings and research guides.

See Dorsaneo, Texas Litigation Guide (Matthew Bender) for step-by-step coverage of civil procedure from filing the petition through appellate procedure, with substantive practice-area topics offering legal background discussion, checklists, forms, and research guides.

See Texas Courtroom Evidence (Matthew Bender) for comprehensive coverage of Texas Evidence Law, including the latest decisions addressing specific areas of interest such as expert witness testimony and judicial notice of another state's laws.

See Damages in Tort Actions (Matthew Bender) for in-depth legal and policy analyses of compensatory and punitive damages in personal injury, wrongful death, and property damage cases.

For forms of pleadings for use in connection with causes of action for invasion of privacy, see Texas Litigation Guide, Ch. 335, Privacy.
 
 
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