Chapter Problems

Hal Roach Studios sought to promote a motion picture being shown at a Los Angeles theater. The following letter was on pink stationary addressed in a feminine hand and sent to 1,000 male householders:

Dearest:

Don't breathe it to a soul, but I'm back in Los Angeles and more curious than ever to see you. Remember how I cut up about a year ago? Well, I'm raring to go again, and believe me I'm in the mood for fun. Let's renew our acquaintanceship and I promise you an evening you won't forget. Meet me in front of Warner's Downtown Theatre at 7th and Hill on Thursday. Just look for a girl with a gleam in her eye, a smile on her lips and mischief on her mind!

Fondly,

Your ectoplasmic play mate,

Marion Kerby

The letter was signed in feminine hand, Marion Kerby. Marion Kerby was the feminine character in the motion picture being promoted. However, there was also one Marion Kerby listed in the Los Angeles telephone directory at the time the letter was mailed. She received a large number of unwanted telephone calls and personal visits as a result of the letter. She was an actress, concert singer and apers on of good character and reputation. She became terribly excited, nervous, and unhappy; she had a feeling of disgrace and anguish; she was heart sick and didn't care what happened, whether she had the rest of a career or not; and her paid engagements in the previous twelve months had been fifteen, but after the publication dwindled down to only two engagements in the following seventeen months. She sued for invasion of her right of privacy. The defendant contends there was nothing salacious, suggestive or immoral about the letter and that it is plainly an advertisement and should have been so regarded by any reasonable person receiving it.

How would you decide the case and why?