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

question 26

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

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Definitions:

Voluntary Fixation

A consciously controlled process of stabilizing focus on a particular stationary or moving object.

EOG

Electrooculography, a technique for measuring the corneo-retinal standing potential that exists between the front and the back of the human eye.

Snellen Eye Chart

A chart used to measure visual acuity, consisting of rows of letters decreasing in size, which is read from a standard distance.

Ophthalmoscope

A medical device used by doctors to examine the inside of the eye, including the retina and the optic nerve.