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QUESTION 37 Which of the following could form the basis for a right of publicity lawsuit (assuming all are done without the player's permission)? A.

QUESTION 37

Which of the following could form the basis for a right of publicity lawsuit (assuming all are done without the player's permission)?

A.

Using a player's number for your ATM code

B.

Using the player's silhouette on your business brochure (assuming she can be recognized)

C.

Using a player's patented batting stance in your softball league when you bat

D.

Using a player's voice on your home business answering machine

2 points

QUESTION 38

The following are damages that are available to the non-breaching party.

A.

Compensatory

B.

Specific performance

C.

Punitive

D.

Both A & C

2 points

QUESTION 39

Amongst the elements that a plaintiff must prove to be successful in a negligence action against the defendant,

A.

A duty of care was owed to the plaintiff

B.

The defendant breached that duty

C.

The breach of the duty must was made public to a wide audience

D.

Both A & B

2 points

QUESTION 40

A stadium owner has a relationship with a spectator that is similar to that of a landowner-________.

A.

licensee

B.

trespasser

C.

renter

D.

invitee

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