If property is lost or damaged during a bailment,the burden of proof may shift.Which of the following statements is TRUE with respect to that rule?

Question

Quizplus · Accepted Answer

If the burden of proof shifts in a bailment, it moves from the bailor to the bailee, which means that the bailee has to prove that they took reasonable care of the property and are not responsible for its loss or damage. This is to ensure that the bailee, who has the property in their possession, is held accountable for any harm that may come to it. Option B is incorrect as there is no indication that the rule was based on the desire to discourage lawsuits. Option C is incorrect as the burden of proof can shift in any type of bailment, not just those involving a common carrier. Option D is incorrect as the burden of proof can shift even if one party can explain how the property became lost or damaged. Option E is also incorrect as there is no relation between the burden of proof and transforming the transaction from a rental into a sale.

If Property Is Lost or Damaged During a Bailment,the Burden