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Clyde's Car Breaks Down on the Way Home from Work

Question 82

Multiple Choice

Clyde's car breaks down on the way home from work. He has the tow truck driver tow it to Atlas Motors, a repair shop. The car is left in the parking lot, since the shop is closed, and Clyde leaves the keys in the car and a note under the door of the shop. Unfortunately, the lot is not very secure and the car is stolen that night. Which of the following is TRUE?


A) Atlas had a duty to show reasonable care for the car.
B) The onus will be on Atlas to show that the theft was not due to their negligence.
C) Atlas was a bailee for hire of the car
D) There was no bailment, since Atlas was not aware that Clyde had left the car with it.
E) All of the above.

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