Fact Pattern 47-1B
Town Transport Company agrees to pick up two containers for Unlimited Sales, Inc., and store their contents, to be delivered later. While TTC un?loads one container, the other disappears from TTC's loading dock.
-Refer to Fact Pattern 47-1B. TTC can avoid liability
A) by proof that TTC did not convert the goods and was not negligent.
B) by proof that TTC's warehouse is located in a high-crime area.
C) by proof that Unlimited Sales was negligent in hiring TTC.
D) under any circumstances.

Question

Fact Pattern 47-1B 
Town Transport Company agrees to pick up two containers for Unlimited Sales, Inc., and store their contents, to be delivered later. While TTC un?loads one container, the other disappears from TTC's loading dock.
-Refer to Fact Pattern 47-1B. TTC can avoid liability
A) by proof that TTC did not convert the goods and was not negligent.
B) by proof that TTC's warehouse is located in a high-crime area.
C) by proof that Unlimited Sales was negligent in hiring TTC.
D) under any circumstances.

Quizplus · Accepted Answer

TTC can avoid liability by proof that they did not convert the goods (i.e., did not intentionally take or use the goods without permission) and were not negligent (i.e., did not fail to exercise reasonable care in securing the containers). The fact that the warehouse is located in a high-crime area or that Unlimited Sales was negligent in hiring TTC does not absolve TTC of its responsibility to exercise reasonable care in protecting the goods while they are in their custody. Therefore, options B and C are incorrect, and option D is not applicable as there are circumstances under which TTC can avoid liability.