Michelle works at a bank in a small town.During her lunch breaks, she enjoys searching for her old high school classmates on the Internet.Last week, for a change of pace, she decided to search the bank's computer files instead.By doing so, she learned that her first boyfriend, Brian, had fallen on hard times.When he failed to pay his mortgage, the bank foreclosed on his house.He is hopelessly overdrawn on his chequing account and he appears to be on the verge of bankruptcy.Consequently, although they had not spoken in twenty years, Michelle telephoned Brian and asked why his life had fallen apart.Brian is furious with Michelle and wants to sue her in tort.Which of the following statements is most likely to be TRUE?

Question

Quizplus · Accepted Answer

Michelle's behaviour of searching through the bank's computer files to find information about Brian's financial situation could potentially amount to the tort of intrusion upon seclusion. This tort involves an intentional and uninvited intrusion upon the private affairs of another person that would be highly offensive to a reasonable person. In the case of Jones v Tsige, the court recognized this tort and awarded damages to the plaintiff whose bank records were accessed by the defendant for personal reasons. Michelle's actions in accessing Brian's financial records without his permission could be considered a similar intrusion upon his privacy, particularly if she used her position at the bank to do so. The other answer choices are not applicable as they do not fit the facts of the scenario or the legal elements of the potential tort.

Michelle Works at a Bank in a Small Town