UBE Question of the Day

Bar Exam Multiple Choice Questions

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Today's Question:

A ten-year-old child swam to the bottom of the plaintiff’s pool, raised a metal drain cover, and inserted a tennis ball into the drain pipe. The ball was sucked into the pipe, and the plaintiff incurred expenses to have it removed. The plaintiff’s lifeguard had seen children, including the ten-year-old defendant, playing with the drain cover on previous occasions. If the plaintiff brings an action for trespass against the child, what is the child’s best defense?

(A) The child is not liable because the plaintiff, through his lifeguard’s inaction, had given his implied consent.

(B) The child is not liable because of the plaintiff’s contributory negligence.

(D) The child is not liable under the doctrine of volenti non fit injuria.

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