Darcy Received a Widget from Rachel Under a Bailment

question 1

Multiple Choice

Darcy received a widget from Rachel under a bailment. The widget was damaged while it was in his possession. As a result, Rachel has sued Darcy. Which of the following statements is TRUE with respect to Darcy's liability?

• A) Darcy will be treated as an insurer if the bailment was both gratuitous and for his benefit.
• B) If the bailment was for Rachel's benefit, Darcy cannot be held liable.
• C) If Darcy is a common carrier, then he may be relieved of liability if the damage was caused by an act of God.
• D) If the burden of proof shifts to Darcy, he cannot possibly avoid liability by merely proving that he exercised reasonable care.
• E) Once Rachel proves that the widget was damaged while in Darcy's possession, the burden of proof necessarily will shift.

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Intellectual Openness

The willingness to consider and engage with diverse ideas and perspectives.

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A cultural value that emphasizes the importance of groups and collective action over individual achievements or desires.

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