Acme Moving Inc Contractually Agreed to Move Jed's Property from Vancouver

question 74

Multiple Choice

Acme Moving Inc contractually agreed to move Jed's property from Vancouver to Halifax.When the property arrived in Halifax, it was badly damaged.Jed has sued Acme, claiming compensation for his loss.Acme believes, however, that it has an effective defence to that claim.Jed disagrees.Which of the following statements is most likely to be TRUE?

• A)The defence of "inherent vice" will apply only if Jed's property was something like heroin that is illegal to possess.
• B)Because of the potential for abuse, Acme may rely upon a contractual clause that reduces liability, but not a contractual clause that entirely eliminates liability.
• C)Acme may be held liable eve if Jed's property was damaged by an act of God.
• D)The concept of "shipper's fault" means that Acme cannot escape liability if it deliberately damaged Jed's property.
• E)Acme cannot possibly avoid liability on the basis of a defence because, for policy reasons, companies in its position are absolutely liable for any damage that they cause.

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