Del. P.J.I. Civ. § 22.16

DAMAGES – INVASION OF PRIVACY

If you find that [plaintiff’s name] has not sustained [his/her] burden of proof,

the verdict must be for [defendant’s name]. If you do find that [plaintiff’s name]

is entitled to recover for damages that were proximately caused by the invasion of

[his/her] privacy by [defendant’s name], you should consider the compensation to

which [plaintiff’s name] is entitled.

[Plaintiff’s name] is entitled to be fairly and adequately compensated for the

injuries that you believe [he/she] suffered as a result of [defendant’s name]’s

invasion of [his/her] privacy. [Plaintiff’s name] may recover damages for the

following injuries:

(1) the harm to [his/her] interest in privacy;

(2) the mental distress suffered as a result of the invasion of privacy;

(3) any other injuries suffered as a result of the invasion of privacy; and

(4) punitive damages if there was a malicious or intentional desire to injure

or hurt [plaintiff’s name].

Your award must be based on the evidence and not on mere speculation. The

law does not furnish any fixed standards by which to measure damages for invasion

of privacy or for mental suffering, and counsel are not permitted to argue that a

specific sum would be reasonable. You must be governed by your own experience

and judgment, by the evidence in the case, and by the purpose of a damages award,

which is fair and reasonable compensation for harm wrongfully caused by another.

If you find that [defendant’s name] conduct constituted an invasion of privacy

but that the plaintiff did not suffer an injury to justify compensation, then [plaintiff’s

name] may recover nominal damages, usually in the amount of $1.00.