Jermaine Borrowed Lola's Boat for a Week

Multiple Choice

Jermaine borrowed Lola's boat for a week.Before handing over possession,Lola stressed that she did not want anyone other than Jermaine to drive the boat.Jermaine agreed to that condition.Shortly before the week was about to end,however,Jermaine allowed Xavier to take the boat on a solo cruise around the lake.In doing so,Jermaine broke his promise to Lola,but he did exercise every precaution.Before handing the boat over to Xavier,Jermaine made sure that Xavier was experienced,competent,and careful.Unfortunately,even though both Jermaine and Xavier exercised reasonable care,the boat was badly damaged in a freak accident.Which of the following statements is TRUE?

A) Xavier is liable to Lola,but Jermaine is not.
B) In order to determine liability,a judge would consider,in part,whether there was a licence or a bailment arrangement between Jermaine and Lola.
C) Like all sub-bailees,Xavier is strictly liable for any damage done to the property.
D) Xavier is entitled to use the defence of jus tertium.
E) Neither Jermaine or Xavier can be held liable if Lola was paid a price in exchange for allowing Jermaine to use the boat.