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Just Before the Labour Day Weekend, Aimee's Husband Gave Her

Question 68

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Just before the Labour Day weekend, Aimee's husband gave her a diamond ring as a gift.Aimee did not want to bring something so precious to the lake for the weekend, but she also did not want to simply leave it at home.When her friend, Gladys, offered to keep the ring in her safe for three days, Aimee agreed, but only after Gladys accepted $100 as payment.Unfortunately, thieves broke into Gladys' house that night, cracked the safe, and stole the ring.Aimee has sued Gladys.Which of the following statements is most likely to be TRUE?


A) Aimee cannot possibly win unless she has evidence to prove that Gladys acted negligently.
B) Gladys is liable because the bailment creates a guarantee.
C) As long as Aimee can prove that Gladys accepted $100 for her efforts, the court will treat Gladys as an insurer.
D) Gladys will benefit from the rule that lowers the standard of care between friends and family, even though she received a small payment from Aimee.
E) Even if the burden of proof shifts, Gladys will not be held liable if she persuades the court that she was not to blame for the loss.

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