Darcy Received a Widget from Rachel Under a Bailment

question 12

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

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Definitions:

Proactive Aggression

A form of aggression, common to bullying, used as a means of controlling other people and getting one’s way.

Relational Aggression

A type of aggression that harms others through deliberate manipulation or damage to their relationships or social status.

Victimized Children

Young individuals who have experienced harm, abuse, or exploitation.

Regulating Attention

The process of controlling and directing one's focus to manage cognitive resources effectively across tasks or situations.