TO MOVE ON TO PART II,

YOU MUST RETURN THIS SECTION TO YOUR EXAM ENVELOPE.

PRIVACY, DEFAMATION & OTHER RELATIONAL TORTS

PART II: ESSAY

QUESTION ONE

(One Hour Suggested)

Pandora recorded a series of pop music hits during the 1980s, but her music career ended in scandal when it was revealed that someone else had sung the vocals on Pandora’s songs.  After the scandal, Pandora descended into years of alcohol abuse.  Using an assumed name, she checked into the alcohol treatment program at Rehab Center (Center) in 1993.  Pandora told only her closest friends and family about being in Center’s program.   She successfully completed the treatment program in 1995.  

While at Center, Pandora developed a close friendship with Ace, a professional athlete known for his many romantic relationships.  Pandora ended the friendship in 1995 when she learned that Ace, who was married, was bragging about having an affair with Pandora.  After 1995, Pandora stayed out of the public eye. 

Dirk, host and producer of a television program, Where are They Now?, recently decided to do a story on Pandora.  He conducted extensive research, including interviewing Ace.  When Dirk telephoned Pandora to arrange an interview, she told him she valued her privacy and did not do interviews.  Dirk completed his research, and the show aired nationally. The show recapped the music scandal, disclosed Pandora’s problems with alcohol and her stint in rehabilitation, and included Ace bragging about his “affair” with Pandora.  

Discuss Pandora’s claims against Dirk.  Please note that this jurisdiction has rejected the doctrine of false light invasion of privacy.

QUESTION TWO

(One Hour Suggested)

Perry and Dina dated while they were classmates at Big City Law School, but their relationship ended with a nasty breakup during their last year of school. After the breakup, their relationship turned competitive as both of them pursued employment with Star Lawyer, a well-known attorney with celebrity clients. Jobs with Star were highly prized, and all of the attorneys she had hired went on to have lucrative careers.

Both Perry and Dina were excellent students and personable individuals who interviewed well. Dina’s law school grades were slightly higher than Perry’s, but Perry had worked as a law clerk for an entertainment law firm while he was in law school. Dina wanted to gain an edge over Perry in obtaining a job with Star. She found her opportunity while browsing at a local bookstore, where she overheard Perry discussing his job prospects with a friend. Perry and his friend did not see Dina, who used her cell phone to record audio and video of Perry’s conversation. During the conversation, Perry said to his friend in hushed tones: “Star is a witch, and she engages in publicity stunts to promote herself. But working for her will be good for my career.” Dina anonymously mailed the recording to Star. After viewing the audio and video of the conversation, Star hired Dina instead of Perry.

When Perry subsequently learned of the recording and Dina’s role in sending it to Star, he sued Dina for invasion of privacy and interference with prospective advantage.

Is Perry likely to succeed in his claims against Dina? Discuss.

END OF EXAM