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Question
Davidson borrowed a motorcycle from his friend, Harley. Harley did not know that the motorcycle had a defect that could cause the brakes to malfunction. While Davidson was riding the motorcycle, the brakes malfunctioned. This caused an accident and Davidson was injured. What duty of care, if any, did Harley owe to Davidson under the traditional common law rule?
A. The duty of reasonable carethe same duty a bailor owes to a bailee in a bailment for mutual benefit.
B. The highest duty of care because this was a bailment for the benefit of the bailor.
C. A duty to tell Davidson of any known defects in the motorcycle because this was a bailment for the benefit of the bailee.
D. No duty of care, because this was a gratuitous bailment.
Answer
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