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Bailments

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Rita arranged with Paint Shop to have her car repainted. She
dropped off the car, leaving the keys with Paint Shop. When the car was ready, Paint
Shop notified Rita to come and get it.

Two days later, before Rita took delivery of the car, the shop was burned out. In the
fire, Rita's newly painted car was destroyed. The fire was started by burglars who broke into an adjoining building.

Assume that Paint Shop can prove that the burglars caused the fire. Must Paint Shop
compensate Rita for the loss of her car?

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Solution Summary

Bailment scenario is presented.

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Generally Yes, the paint shop will be liable for the damage to the car.

Rita entrusted her car to the shop for the purpose of having it painted. Implicit in that is that she have a reasonable time to pick the car up after it is finished. During that period, the paint shop has the responsibility to protect the car from forseeable ...

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