Divided Parcel (DP) includes the following on its mailing receipts: "We are not responsible for any damages to packages whether or not through the fault or negligence of our employees.Send packages at your own risk." Mary reads this clause but sends her watch back to its manufacturer to be repaired anyway.The watch is destroyed when the DP driver negligently drops and runs over the package.Mary is:
A)out of luck because the clause was communicated to her.
B)out of luck because she should have insured the package.
C)likely to collect from DP since exculpatory clauses always violate public policy.
D)likely to collect from DP because it is a common carrier.

Question

Quizplus · Accepted Answer

Common carriers, like DP, are typically held to a higher standard of care and cannot easily disclaim liability for negligence.

Divided Parcel (DP) Includes the Following on Its Mailing Receipts