Tort Law and the Protection of Privacy

Tort Law and the Protection of Privacy
Author: John Hartshorne
Publisher: Routledge
Total Pages: 256
Release: 2015-12-15
Genre:
ISBN: 9780415733700

Historically the law of tort has offered limited protection for personal privacy using a patchwork of established torts such as private nuisance and battery. Until recently no tort was recognised in English law which was exclusively concerned with protecting what could properly be described as a 'privacy interest.' However, since the enactment of the Human Rights Act 1998 which brought about the incorporation into domestic law of Article 8 of the European Convention on Human Rights (ECHR) this is a branch of the law of tort which has seen rapid development, with the judiciary developing a tort of 'misuse of private information' which is now capable of preventing and remedying violations of the 'informational' aspects of personal privacy. The possibility of introducing a statutory tort of privacy has been considered by a number of review bodies but so far no progress has been made in this area. This book analyses the extent to which the law of tort currently affords protection against invasions of personal privacy and the remedies that are available. The book considers tort law and privacy in other common law jurisdictions including the US, Australia and New Zealand where debates concerning the legal protection of personal privacy are also taking place. It then goes on to explore the potential for a common law tort to be developed which would be capable of offering broader protection for personal privacy and its prospects for statutory codification.

Refining Privacy in Tort Law

Refining Privacy in Tort Law
Author: Patrick O'Callaghan
Publisher: Springer Science & Business Media
Total Pages: 184
Release: 2012-09-14
Genre: Law
ISBN: 3642318835

This book is about privacy interests in English tort law. Despite the recent recognition of a misuse of private information tort, English law remains underdeveloped. The presence of gaps in the law can be explained, to some extent, by a failure on the part of courts and legal academics to reflect on the meaning of privacy. Through comparative, critical and historical analysis, this book seeks to refine our understanding of privacy by considering our shared experience of it. To this end, the book draws on the work of Norbert Elias and Karl Popper, among others, and compares the English law of privacy with the highly elaborate German law. In doing so, the book reaches the conclusion that an unfortunate consequence of the way English privacy law has developed is that it gives the impression that justice is only for the rich and famous. If English courts are to ensure equalitarian justice, the book argues that they must reflect on the value of privacy and explore the bounds of legal possibility.

The Right to Privacy

The Right to Privacy
Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
Total Pages: 42
Release: 2018-04-05
Genre: Fiction
ISBN: 3732645487

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

Human Rights and the Protection of Privacy in Tort Law

Human Rights and the Protection of Privacy in Tort Law
Author: Hans-Joachim Cremer
Publisher: Routledge
Total Pages: 305
Release: 2010-10-04
Genre: Law
ISBN: 1136913963

This book considers how English courts could use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights on Article 8 of the European Convention of Human Rights, to strengthen the protection of privacy in the private sphere.

The Law of Privacy

The Law of Privacy
Author: E. Michael Power
Publisher:
Total Pages: 342
Release: 2017
Genre: Data protection
ISBN: 9780433490791

Privacy and the Media

Privacy and the Media
Author: Daniel J. Solove
Publisher: Aspen Publishing
Total Pages: 288
Release: 2020-11-23
Genre: Law
ISBN: 154383258X

Developed from the casebook¿Information Privacy Law, this short paperback contains key cases and materials focusing on privacy issues¿related to the media. Topics covered include the privacy torts, free speech, First¿Amendment, paparazzi, defamation, online gossip and social network websites. New to the Fourth Edition: New cases and notes throughout, including the addition of a leading right of publicity case from California, De Havilland v. FX Networks, LLC. This book could be used in courses including: Media law Entertainment law Cyberlaw First Amendment / free speech Privacy law Information law Torts II Journalism

Pharmacy Practice and Tort Law

Pharmacy Practice and Tort Law
Author: Fred Weissman
Publisher: McGraw Hill Professional
Total Pages: 224
Release: 2016-06-22
Genre: Medical
ISBN: 1259640965

The only comprehensive tort law book featuring real-life federal cases for the practicing pharmacist As tort law and tort liability cases, both civil and administrative, continue to increase in the pharmacy practice, now more than ever, it is imperative for students and practitioners to understand the civil liability a pharmacist may face. Between intentional torts, negligence, vicarious liability, defamation, invasion of privacy, and more, practitioners and practitioners-to-be need to grasp the intricacies of the law in this landscape of increased litigation. Pharmacy Practice and Tort Law introduces students not only to the civil action cases related to pharmacy practice, but also provides explanation on how tort rules apply to the facts of a given case. Each type of civil action is described in detail, outlining the elements that must be proven for successful litigation, followed by detailed explanation of actual federal cases and their outcomes, illustrating how a case can be successful or unsuccessful.

Tort Law in the United States

Tort Law in the United States
Author: H. Beau Baez III
Publisher: Kluwer Law International B.V.
Total Pages: 285
Release: 2023-07-20
Genre: Law
ISBN: 9403512970

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the the United States. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers the the United States. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.