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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