PrepTest 109, Section 1, Question 16

Must Be TrueDifficulty3 of 5
The questionFull text in your LawHub copy of PrepTest 109

Notice to subscribers: In order for us to(104 more words not shown)

If The Daily Gazette denies(23 more words not shown)

Reading the argument

The newspaper has made it fairly easy to find a reason to deny a request. Our job is to check its actual rules, whether or not we like the customer service.

For a missed paper, calling promptly can get a replacement. Credit has two requirements: report the missed copy within twenty-four hours, and no replacement copy is available. Meeting just one isn't enough. If the newspaper can provide a replacement, the customer doesn't get to insist on credit instead under this policy.

A temporary pause is different from canceling the subscription. Going away for a week? Give at least three days' notice before delivery should stop. Ending the subscription? Request cancellation explicitly, beforehand and in writing. Don't transfer the writing requirement from permanent cancellation to a temporary pause.

What we’re looking for

The question asks which denial cannot be justified solely by these policies. Four customers will have missed a stated requirement. For the remaining customer, we won't have a rule that justifies the newspaper saying no.

Working the answers

  • A

    Mr. Rathanan stopped paying and intended that to cancel the subscription. But the policy requires an explicit request in writing before cancellation. Silence or nonpayment doesn't meet that requirement. The newspaper can use the cancellation rule to deny his request not to pay for the two weeks of delivery.

  • B

    A replacement copy is available; the newspaper has offered it. That is enough to defeat the credit request under the stated missed-copy policy. Even if Dr. Broder reported the problem within twenty-four hours, she would also need a replacement to be unavailable. She doesn't get to choose credit merely because she prefers it.

  • C
    Correct

    Ms. Herrera requested a temporary pause on Wednesday for the following Monday. That is more than the required three days' notice. She asked for a week without deliveries, yet the newspaper delivered throughout the week.

    The policy doesn't require a temporary pause to be requested in writing. That requirement applies to canceling a subscription, which she wasn't doing. Nor is this a request for credit for a missed copy; the problem is delivery during a properly requested pause. The listed rules provide no basis for denying her request on the facts given.

    We only need that limited result. We aren't deciding that the policies expressly guarantee a refund in every situation. We're identifying the denial that these policies do not justify.

  • D

    Ms. Jackson gave plenty of advance notice, but she called to cancel. Permanent cancellation also requires a written request. Meeting the timing requirement doesn't make the writing requirement disappear. The newspaper can rely on that missing written request to deny her demand not to pay for the July deliveries.

  • E

    Ms. Silverman reported the missing Sunday paper on Tuesday afternoon, outside the twenty-four-hour window. Being out of town explains the delay, but the stated policy gives no exception for that reason. The newspaper can deny the credit request based on the late report.

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