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Warehouse companies are only liable for loss or damage to bailed property resulting from negligence.

A) True
B) False

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Eden Farms arranges to have Fresh Express Inc., a common carrier, transport a load of almonds. Fresh Express will be liable for any loss or damage to the almonds


A) under any circumstances.
B) unless the carrier exercised reasonable care.
C) unless the loss or damage is caused by a natural disaster.
D) under no circumstances.

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

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Ruby stores her furniture with Stow-Away, Inc., under a contract that limits the dollar amount of its liability. A fire due to Stow-Away's negligence destroys the furniture. The loss is most likely to be imposed on


A) neither Ruby nor Stow-Away.
B) Ruby and Stow-Away in equal proportions.
C) Ruby only.
D) Stow-Away, subject to the contractual limitation.

E) A) and B)
F) None of the above

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

A) True
B) False

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Gene leaves her Honda Fit with Intown Motors for routine maintenance. On its return, the interior of the car is greasy and the exterior is scratched and dented. Who suffers the loss and why?

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Intown Motors is liable as an ordinary b...

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A court may use the identity of the party who receives a benefit from an ordinary bailment to determine, with respect to the bailed property, the standard of


A) negligence to be applied to the deal.
B) proof required to show loss or damage.
C) care required of the bailee.
D) quality expected by the bailee.

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

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The identity of the party who receives a benefit from an ordinary bailment dictates


A) the rights and liabilities of both parties.
B) the return or disposal of the bailed property at the end of the bailment.
C) the extent of the bailment period.
D) the length of the bailment period.

E) A) and B)
F) None of the above

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To become a bailment, the property involved must be real property or personal property.

A) True
B) False

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If the property is stolen, the bailee forfeits the right to its possession.

A) True
B) False

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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. Carrier's obligation to deliver the goods to Discount is excused if the goods were


A) any of the choices.
B) lost through no fault of Carrier.
C) stolen through no fault of Carrier.
D) claimed by a third party with a superior claim.

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

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Leon borrows Mike's car to drive Nina to the airport. Considering the purpose of the bailment, Leon has the right to


A) compensation from Nina.
B) reimbursement from Mike for any parking costs.
C) use the bailed property.
D) sell the bailed property.

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

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The bailee must exercise reasonable care in preserving the bailed property.

A) True
B) False

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To become a bailment, a delivery of property from one person to another must


A) involve personal property.
B) include a transfer of title.
C) follow an exchange of consideration.
D) be subject to a written agreement.

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

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The bailee is excused if the bailed property is destroyed through no fault of the bailee.

A) True
B) False

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Nan asks Otto if she can store her car in his garage while she serves in the U.S. Army. He agrees. This is


A) a bailment.
B) a contract.
C) a gift.
D) conversion.

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

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After agreeing to rent a car from Drive-a-Round Inc., Eden is given the keys to one of the agency's cars by Fess, a Drive-a-Round employee. With respect to the bailed property, this is


A) a physical delivery.
B) a constructive delivery.
C) an involuntary delivery.
D) not a delivery.

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

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To create a bailment, the property must be delivered to the bailor .

A) True
B) False

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On Demi's authorization, Engine Work Inc. repairs her car. She refuses to pay for the job. Engine Work can


A) place a lien on it until Demi pays.
B) undo the repair.
C) use the car for any purpose.
D) none of the choices.

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

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Mike delivers his shoes to Nathan for resoling. Nathan promises that the shoes will be ready within five business days. Mike agrees to pay the charge when he picks up the shoes. This is


A) an implied bailment.
B) an inferred bailment.
C) an express bailment.
D) not a bailment.

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

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Common carriers can limit the value of the property that they will transport.

A) True
B) False

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