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Fact Pattern 37-1 Carrier Inc. agrees to pick up two truckloads of goods for Discount Corporation and store the contents to be delivered later. Refer to Fact Pattern 37-1. Suppose that while Carrier unloads the goods at its warehouse, some of them disappear from the loading dock. A court will presume that


A) Carrier was negligent.
B) Discount was negligent.
C) the goods were stolen through no fault of Carrier.
D) the warehouse is in a high-crime area.

E) A) and D)
F) A) and B)

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Before entering the dining room in Ristorante Italiano, Sergio checks his coat in the lobby with a valet employed by the restaurant. In the coat's pocket is an iPhone. A bailment exists between the restaurant and its customer for


A) the coat only.
B) the phone only.
C) the coat and the phone.
D) neither the coat nor the phone.

E) All of the above
F) None of the above

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One morning, Ron agrees to lend his bike to Sam, who promises to return it in the evening. This is


A) a constructive bailment.
B) an involuntary bailment.
C) an express bailment.
D) not a bailment.

E) B) and C)
F) All of the above

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In a bailment for the sole benefit of the bailor , the bailee need not exercise even a slight degree of care in preserving the bailed property.

A) True
B) False

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A bailment for the mutual benefit of the bailee and the bailor is the least common type of bailment.

A) True
B) False

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A bailment agreement can be express or implied.

A) True
B) False

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Grey buys a bus ticket at a window in the Hound Dog Depot before checking his backpack and boarding a bus to Idaho. Subject to a bailment is


A) Grey.
B) Grey's backpack.
C) Grey's seat on the bus.
D) Hound Dog Depot.

E) All of the above
F) B) and C)

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Hotel operators are not liable for any loss or damage to their guests' personal property .

A) True
B) False

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Ollie takes a PowerMade-brand rototiller to QuikFix Inc. for repairs. Lacking certain parts, QuikFix ships the rototiller to Repair Company. While in Repair's possession, the machine is damaged by its failure to exercise the appropriate degree of care. QuikFix can recover for the damage from


A) no one.
B) Ollie.
C) PowerMade.
D) Repair Company.

E) A) and C)
F) B) and C)

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Before going on a business trip involving a long plane flight, Gina leaves the key to her apartment with Harry. A bailment is created when


A) Gina delivers the key to Harry.
B) Harry enters Gina's apartment.
C) Gina arrives at the airport.
D) Harry returns the apartment to Gina.

E) B) and D)
F) B) and C)

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Logan borrows Morris's bike to ride over mountain trails on Steve's property . The bike is damaged during the ride by Logan's failure to exercise the required degree of care. Liable for the cost of repairing the bike is


A) Logan and Morris in equal measure.
B) Logan.
C) Morris.
D) Steve.

E) A) and D)
F) C) and D)

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A bailee has a right to the reimbursement of costs incurred in keeping the bailed property.

A) True
B) False

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In a bailment, in some circumstances, the dollar amount of liability for any loss or damage to bailed goods can be limited by


A) common carriers.
B) warehouse companies.
C) ordinary bailees.
D) all of the choices.

E) B) and C)
F) All of the above

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Equipment Company leases a baler made by Farm Products Corporation to Great Harvest Inc., which contracts with farmers to work in their fields. The machine is damaged through Great Harvest's failure to exercise reasonable care. Most likely liable for the damage is


A) Equipment Company.
B) Great Harvest Inc.
C) both Great Harvest Inc. and Equipment Company.
D) Farm Products Corporation.

E) None of the above
F) All of the above

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Kay and Lease-Away Inc. enter into a bailment involving the delivery of a moving van to Kay for her use. Unless stated otherwise, the agreement assumes that Kay will


A) return the van.
B) return the van or its equivalent.
C) retain the van.
D) none of the choices.

E) A) and C)
F) B) and C)

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If the bailed property has been lost, a court will presume that the bailor was negligent.

A) True
B) False

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Floyd delivers his suit to Goody's Laundry for dry cleaning. This is


A) a bailment and a contract.
B) a bailment, but not a contract.
C) a contract, but not a bailment.
D) none of the choices.

E) A) and B)
F) B) and C)

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Failure to give up possession at the time the bailment ends could result in an action based on the bailee's negligence.

A) True
B) False

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A limit on liability for the bailed goods is contrary to public policy.

A) True
B) False

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Robin stores her grain at a facility owned and operated by Silo Inc. At the end of the storage period, Silo must


A) return the exact same grain originally stored.
B) return the same grain or grain of the same type, grade, and quantity.
C) retain the grain.
D) none of the choices.

E) A) and B)
F) A) and C)

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