Dusty delivered his car to Gage's Garage for some routine repairs and at the time of delivery, was advised that the car would be ready in two days. That night, Dusty's car was stolen from the garage and was never recovered. If Dusty takes legal action against Gage in order to recover the value of the car, what will be the legal position?
A) Dusty will not be able to recover the value of the car from Gage as he will be deemed to have assumed the risk of its loss.
B) The garage operators will be deemed to have absolute liability for all goods lost in their possession.
C) Dusty will have to prove that the garage operators were involved in the theft.
D) Gage will not be found liable if it can show that it took reasonable measures to safeguard the car.
E) The court will impose a very high standard of care on Gage which must show that it took every precaution to safeguard the car.
Correct Answer:
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