sgorginian
Thanks Received: 7
Vinny Gambini
Vinny Gambini
 
Posts: 23
Joined: August 05th, 2009
 
 
 

PT43, S2, Q13 - David: The only relevant factor in

by sgorginian Mon Oct 12, 2009 5:28 pm

The argument is between Davis and Higuchi about compensation over lost property.

I chose answer (E) because to me it seemed that Davis gives a general rule by saying "the harm to the victim is directly proportional to the pertinent value"; whereas Higuchi takes two victims - one that recovers their property in 1 year and the other in 2 years - and hence supporting a case-by-case scenario and not applying one rule to all victims.

So Davis and Higuchi disagree with each other about (E), the compensation owed to victims should be determined on a case-by-case basis rather than by some general rule.


The correct answer (D) said Some victims are owed increased compensation because of the greater amount of time they are deprived of the use of their property.
User avatar
 
ManhattanPrepLSAT2
Thanks Received: 311
Atticus Finch
Atticus Finch
 
Posts: 303
Joined: July 14th, 2009
 
 
 

Re: PT43, S2, Q13 - David: The only relevant factor in

by ManhattanPrepLSAT2 Tue Oct 13, 2009 12:03 pm

The key to "Identify the Disagreement" problems is NOT to read between the lines. Look for the disagreement that is most explicitly stated. The tempting wrong answers will include reasonable deductions, but remember that these questions are testing your ability to discern between the explicit and the implicit.

Higuchi never directly states that compensation should be determined on a case-by-case basis. Furthermore, the fact that he provides two different scenarios is not enough to say that he supports case-by-case rather than general rules. For example, let's say that the seniors in a certain school have to wear hats at all times, and juniors always have to wear jackets. Those are two different scenarios, defined by general rules -- that is not a situation that would be considered case-by-case. It's not unreasonable to think that Higuchi might support case-by-case, but it's certainly not definite.

Is (D) explicitly stated? Yes. Higuchi specifically mentions that length should determine compensation, and Davis says there is only one relevant factor in terming compensation - the value of the property (therefore, not length). You can compare (D) with both statements, and show definitively that Davis would disagree with it, and Higuchi would agree with it.
 
sgorginian
Thanks Received: 7
Vinny Gambini
Vinny Gambini
 
Posts: 23
Joined: August 05th, 2009
 
 
 

Re: PT43, S2, Q13 - David: The only relevant factor in

by sgorginian Wed Oct 14, 2009 6:59 pm

wow. that is good - thank you Mike!

I inferred too much and now I see your point in the text where I can point to where Davis disagrees and where Higuchi agrees. Explicit!

thanks again,
Sevan