Jermaine borrowed Lola's boat for a week.Before handing over possession,Lola stressed that she did not want anyone other than Jermaine to drive the boat.Jermaine agreed to that condition.Shortly before the week was about to end,however,Jermaine allowed Xavier to take the boat on a solo cruise around the lake.In doing so,Jermaine broke his promise to Lola,but he did exercise every precaution.Before handing the boat over to Xavier,Jermaine made sure that Xavier was experienced,competent,and careful.Unfortunately,even though both Jermaine and Xavier exercised reasonable care,the boat was badly damaged in a freak accident.Which of the following statements is TRUE?

Question

Quizplus · Accepted Answer

In a bailment arrangement, the bailee (Jermaine) has temporary possession of the property of the bailor (Lola), and a condition of that possession was that Jermaine was the only one allowed to drive the boat. Jermaine's actions in allowing Xavier to use the boat would be a breach of the bailment agreement, and a judge could consider this factor in determining liability. It is unclear whether Xavier would be considered strictly liable or if he could use the defense of jus tertium, as more information about their relationship and the circumstances of the accident would be needed. The fact that Lola was not paid for the use of the boat is not relevant to determining liability.

Jermaine Borrowed Lola's Boat for a Week