PrepTest 146, Section 2, Question 10

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The questionFull text in your LawHub copy of PrepTest 146

One who has borrowed an item from someone(41 more words not shown)

The principle stated above most(12 more words not shown)

Reading the argument

Promising to bring something back by Friday matters, but read the rest of the rule. The return must not be difficult, and the lender must not have given permission to return it late. Imagine promising to return a borrowed shovel on Friday. If the lender then says, 'Next week is fine,' the situation no longer meets the no-permission condition. If returning it would require driving through a blizzard, the easy-return condition may fail instead. The rule tells us what to do when all its conditions hold; it doesn't settle every possible borrowing dispute.

What we’re looking for

To apply it, look for someone who borrowed an item, promised a deadline, can return it without difficulty, and hasn't received an extension. Then the recommendation to return it by the promised date will fit.

Working the answers

  • A

    Being told the book need not be returned by Friday doesn't make returning it earlier wrong. Permission to return something late isn't a prohibition on returning it sooner. The principle never tells a borrower to keep an item until a particular date.

  • B

    Nick has promised tomorrow and, in the stated case, hasn't received permission to be late. But B says he must return the bicycle even if doing so is difficult. The principle provides its recommendation when returning the item would not be difficult. It doesn't support removing that condition. We needn't decide whether some other reason could require the difficult return.

  • C

    Ted has given Val permission to return the car late. That means one condition for this principle's recommendation is missing, even though Val made a promise and could easily return the car today. The principle doesn't establish the claimed obligation on these facts.

  • D

    Mike requested tomorrow; Yesenia did not promise tomorrow. Those are different events. This principle applies to a deadline the borrower promised to meet, not merely a deadline the lender later requests. Ease of return doesn't supply that missing promise.

  • E
    Correct

    Oliver borrowed the guitar and promised to return it today. Returning it today would be easy, and Madeline hasn't allowed him to return it late. All the conditions are met, so the principle supports the conclusion that he should return it today. The other answers omit or alter a condition, or draw a recommendation the rule doesn't give.

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