PrepTest 149, Section 4, Question 18

Necessary AssumptionDifficulty5 of 5
The questionFull text in your LawHub copy of PrepTest 149

Sanderson intentionally did not tell his cousin about(78 more words not shown)

Which one of the following(7 more words not shown)

Reading the argument

Why would the cousin need to know? Perhaps he works at the factory and would save money for his mortgage instead of taking a vacation if he expected it to close. That would give the information obvious importance, but the passage doesn't supply that background.

The author's case instead turns on lying. Sanderson didn't make a false statement; he kept something to himself. The author recognizes that distinction and gives us a rule: silence and speech are morally equivalent when done with the same intention. We should use that rule rather than keep objecting that Sanderson said nothing.

What we’re looking for

The intention still matters. Intentionally withholding a report is one thing; intending to deceive someone is another. For the required assumption, I'd focus on what lets the author treat Sanderson's silence as the moral equivalent of a deliberately misleading statement.

Working the answers

  • A

    We don't need Sanderson to believe his cousin would prefer not to hear the information. The cousin might very much want it, and Sanderson could still intentionally keep it from him. A belief about the cousin's preferences isn't needed to connect the silence with deception.

  • B

    Someone else might tell the cousin later. That wouldn't erase whatever Sanderson intended when he withheld the information. The argument judges Sanderson's conduct, so it doesn't need the cousin to remain uninformed forever or to lack every other source.

  • C
    Correct

    This addresses intention in a way I hadn't specifically predicted. What if Sanderson thought the report was false? Suppose he heard an unreliable rumor about a closing but believed the factory would remain open. Keeping that rumor to himself would leave his cousin with a belief Sanderson considered true, rather than a false belief he intended to preserve.

    The argument needs Sanderson to believe the factory really would close to treat his silence as deliberate deception about that closing. That is a claim about Sanderson's belief, not a requirement that the factory actually close. His intention depends on what he thinks is true.

  • D

    The argument doesn't require him to be willing to make an outright false statement if challenged. He could remain silent now but answer honestly if his cousin asked directly. What he would do in that different situation doesn't determine whether his actual silence was intended to mislead.

  • E

    Deception doesn't require a personal payoff. Someone could deliberately mislead another person out of spite or for a reason that brings no benefit to the deceiver. The author needs a misleading intention, not proof that Sanderson stood to gain from the cousin's mistaken belief.

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