T(&D)TTBE #29: Early Answer for Patrons
Added 2017-06-25 23:59:01 +0000 UTCI have watched Pauly Shore's "Jury Duty" twice for you people. All my higher central nervous system functions are literally hanging by a thread.
That being said, I can reveal to you that the correct answer to Thomas (and Denise) Take The Bar Exam Question #29 was -- of course -- Thomas's second-choice answer, "C." This means that both Thomas and our guest expert, Denise Howell, managed to get the question wrong.
This question tested whether you knew that, in order to assert the affirmative defense of assumption of risk, the defendant must prove that the plaintiff was "fully informed" of the risk to which she was exposed. On balance, a sign saying that “this elevator is not available at this time, please do not ride it” does not fully inform the plaintiff that there is, in fact, no elevator there at all. Indeed, Twitter user @jon_mellon correctly noted that the sign tends to imply that there is an elevator there for one to ride.
Denise's answer (A) was incorrect because the sign failed adequately to warn the plaintiff of the specific danger of the shaft.
Thomas's answer (B) was an attractive distractor; contributory negiglence is a real (if minority) doctrine but is distinct from the doctrine of assumption of risk.
Answer (D) was stupid, as Thomas pointed out. And, in fact, Thomas's Second Chance Law Firm continues to roll along.
I should add that lots of our listeners also came up with various "shaft"-related puns for this question. Good job.
Thomas is now 13-for-29. Thanks for playing along and stay tuned for TTTBE #30 on Friday!
