If Property Is Lost or Damaged During a Bailment, the Burden

question 43

Multiple Choice

If property is lost or damaged during a bailment, the burden of proof may shift. Which of the following statements is TRUE with respect to that rule?

• A) The usual effect of shifting the burden is to transform the transaction from a rental into a sale.
• B) The burden of proof shifts only if the bailment involved a common carrier.
• C) If the burden of proof shifts, it moves from the bailor to the bailee.
• D) The rule allowing the burden of proof to shift was originally based on the desire to discourage unwarranted lawsuits.
• E) The burden of proof shifts only if neither party can explain how the property became lost or damaged during the bailment.

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Definitions:

Cephalopods

A class of mollusks that includes octopuses, squids, and cuttlefish, known for their advanced nervous systems and ability to change color.

Torsion

The twisting of the visceral mass characteristic of gastropod mollusks.

Radula

A rasplike structure in the digestive tract of chitons, snails, squids, and certain other mollusks.

Annelids

A phylum of invertebrate worms known as segmented worms, which includes earthworms, leeches, and polychaetes.