Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., because it was Saturday and the lot was supposed to be closed after 1:00 p.m. Saturday until Monday morning. At 1:45 p.m., Johnson and Sales Representative discovered that they were locked in. There was no traffic in the vicinity and no way in which help could be summoned. After two hours, Johnson began to panic at the prospect of remaining undiscovered and without food and water until Monday morning. Sales Representative decided to wait in a car until help should come. Johnson tried to climb over the fence and, in doing so, fell and was injured. Johnson asserts a claim against Car Company for damages for his injuries."If Johnson's claim is based on negligence, is the defense of assumption of the risk applicable?
Yes, if a reasonable person would have recognized that there was some risk of falling while climbing the fence.  Yes, because Sales Representative, as Car Company's agent, waited for help.  No, if it appeared that there was no other practicable way of getting out of the lot before Monday.  No, because Johnson was confined as the result of a volitional act
Question: Johnson wanted to purchase a used motor vehicle. The used car lot of Car Company, in a remote section away from town, was enclosed by a 10-foot chainlink fence. While Johnson and Sales Representative, an employee of Car Company, were in the used car lot looking at cars, a security guard locked the gate at 1:30 p.m., because it was Saturday and the lot was supposed to be closed after 1:00 p.m. Saturday until Monday morning. At 1:45 p.m., Johnson and Sales Representative discovered that they were locked in. There was no traffic in the vicinity and no way in which help could be summoned. After two hours, Johnson began to panic at the prospect of remaining undiscovered and without food and water until Monday morning. Sales Representative decided to wait in a car until help should come. Johnson tried to climb over the fence and, in doing so, fell and was injured. Johnson asserts a claim against Car Company for damages for his injuries."If Johnson's claim is based on negligence, is the defense of assumption of the risk applicable?
A. Yes, if a reasonable person would have recognized that there was some risk of falling while climbing the fence. 
B. Yes, because Sales Representative, as Car Company's agent, waited for help. 
C. No, if it appeared that there was no other practicable way of getting out of the lot before Monday. 
D. No, because Johnson was confined as the result of a volitional act
Answer: