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Pat Is an Avid Mountain Biker Who Knows a Great

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Pat is an avid mountain biker who knows a great deal about bicycle repair.Tom is also a mountain biker,but he does not know much about bicycles or their repair.The gears on Tom's bike were not working properly,so he took his bike to Pat and asked if Pat would repair it.Pat said that was possible,so Tom left his bike with Pat for the week.Pat was able to fix and adjust the gears on Tom's bike so that they worked properly.Tom's bike was a "top-of-the-line" model,and much newer than Pat's bike.When Tom called Pat on Friday to see if the bike was ready for him to pick up,Pat asked to keep the bike until Sunday.Pat said she wanted to try the bike out on Sunday on a ride with some friends,and Tom told Pat that this was acceptable.On Saturday night,the bike was stolen off Pat's third-floor apartment balcony where the bike was unlocked.Assume the historical rules are in place and that the state has not passed any specific statute covering this situation.Discuss whether Pat is liable to Tom for the loss.

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