PMBR Question #67 from the 3-day workshop:
Bunky was a 15-year-old who was rather big for his age. He was six feet tall and weighed about 200 pounds. On Halloween night, Bunky decided to dress up as a bank robber. His costume consisted of a black raincoat, a ski mask, and a toy pistol which resembled a real gun. He went to a number of homes in his neighborhood and when a person opened the door, he would hold up his gun, shoot a few blanks, and say, "Your money or your life... trick or treat."
At about 9:30p.m. Bunky went to the home of Mrs. Wrinkles, a 78-year-old widow, who lived alone. When Bunky rang the doorbell, Mrs. Wrinkles opened the door. Bunky then pointed the gun at her face and said, "Your money or your life." Before Bunky could finish his sentence, Mrs. Wrinkles quickly closed the door. She retreated to her living room, sat down on a chair, and suffered a non-fatal heart attack.
If Mrs. Wrinkles asserts a claim against Bunky to recover damages for her heart attack, she will:
(a) recover, because he committed an assault.
COMPARE WITH...
Barbri Question- MDR, Mixed Subjects #89
On Halloween night, Darryl, who is 12 years old, dressed up as a bandit by wearing dark clothes and a pair of panty hose over his head and went trick or treating. Darryl carried a toy gun that looked like a real firearm. Darryl's method of operation was to go up to a house and ring the bell. When the person answered, he pointed his toy gun at the person's face and said, "Your money or your life," and then shouted, "Trick or Treat!" At the fifth house he went to, Darryl began this routine, but before he could say "trick or treat," Patty, the elderly homeowner, screamed and slammed the door in Darryl's face. Still shaken by the experience, Patty suffered a heart attack five minutes later.
Has Patty a cause of action against Darryl?
(d) No, because Patty should have known that the gun was a toy since it was Halloween.
I just typed out both questions in their entirety, hoping I would spot the difference. Is anyone seeing it?
I tend to agree with the Barbri explanation because a reasonable person wouldn't have been afraid since it was Halloween. But PMBR says nothing about basing this on a reasonableness test.
Ugh. ugh. ugh.
Showing posts with label inconsistency. Show all posts
Showing posts with label inconsistency. Show all posts
7.18.2007
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