Harder, Sirko (2011) Gain-based relief for invasion of privacy. Dictum, 1. pp. 63-79. ISSN 1838-6849
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Abstract
In many common law jurisdictions, some or all instances of invasion of privacy constitute a privacy-specific wrong either at common law (including equity) or under statute. A remedy invariably available for such a wrong is compensation for loss. However, the plaintiff may instead seek to claim the profit the defendant has made from the invasion. This article examines when a plaintiff is, and should be, entitled to claim that profit, provided that invasion of privacy is actionable as such. After a brief overview of the relevant law in major common law jurisdictions, it will be investigated how invasion of privacy fits into a general concept of what is called ‘restitution for wrongs’. It will be argued that the right to privacy is a right against the whole world and as such forms a proper basis of awarding gain-based relief for the unauthorised use of that right.
Item Type: | Article |
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Schools and Departments: | School of Law, Politics and Sociology > Law |
Subjects: | K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law |
Depositing User: | Sirko Harder |
Date Deposited: | 25 Sep 2014 09:59 |
Last Modified: | 03 Jul 2019 01:15 |
URI: | http://sro.sussex.ac.uk/id/eprint/50358 |
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