A Privacy Violation Requires A False Statement
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
18676_mary_wellness_appropriation · TORTS · Choice AYes, because any consent to use a photo is permanent and unlimited.
Why it's attractive
The student reaches for the 'once-consented-always-consented' intuition. The Gold Key rejects the overclaim: a license to use a likeness is limited by its scope, and use outside the agreed scope can support an appropriation claim.
Why it's wrong
The student reaches for the 'once-consented-always-consented' intuition. The Gold Key rejects the overclaim: a license to use a likeness is limited by its scope, and use outside the agreed scope can support an appropriation claim.
18676_mary_wellness_appropriation · TORTS · Choice CYes, because the photo was flattering.
Why it's attractive
The student imports a 'flattering photo' analysis. The breaker: the photo's aesthetic quality is irrelevant to the appropriation analysis; the right question is whether the licensee stayed within the scope of the consent.
Why it's wrong
The student imports a 'flattering photo' analysis. The breaker: the photo's aesthetic quality is irrelevant to the appropriation analysis; the right question is whether the licensee stayed within the scope of the consent.
18676_mary_wellness_appropriation · TORTS · Choice DNo, but only because the company stated a false fact about the instructor.
Why it's attractive
The student imports a 'false fact' analysis from defamation or false light. The breaker: the 'false fact' theory belongs to a different privacy tort; the right theory here is appropriation, and the facts do not require a false statement.
Why it's wrong
The student imports a 'false fact' analysis from defamation or false light. The breaker: the 'false fact' theory belongs to a different privacy tort; the right theory here is appropriation, and the facts do not require a false statement.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →