Anna wanted goods moved from Vancouver to Halifax. For that purpose, she gave them to Boris, who operates an independent trucking business. When Boris reached Winnipeg, his truck broke down. To fulfill his contract with Anna, he gave possession of the goods to Carl, with instructions to deliver them to Halifax. The goods were destroyed while they were in Carl's possession. Which of the following statements is TRUE?
A) If Anna consented to Carl's possession of the goods, she can successfully sue him even if he had no way of knowing that the goods belonged to someone other than Boris.
B) If the contract between Boris and Carl contained an exclusion clause, there is no way that Anna can be bound by it.
C) If Anna did not consent to Carl's possession of the goods, Boris can successfully sue Carl and retain the damages for himself.
D) If Boris and Carl are both common carriers, Boris will be treated as an insurer, but Carl will not, because only Boris dealt directly with Anna.
E) Even though he did not own the property, Boris may sue Carl, but if the court awards damages, then Boris must receive that money on behalf of Anna.
Correct Answer:
Verified
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