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22 October, 11:54

Jim agreed to show Donna's car to a potential buyer. Donna was not able to be home since she had to attend a meeting. After showing the car, Jim left the keys in it and the car was stolen. Which statement is correct?

a. Since Jim is a gratuitous agent, he will only be liable for the loss of the car if his conduct constitutes gross negligence.

b. Since Jim is a gratuitous agent, he will be liable for the loss of the car if his conduct constitutes ordinary negligence.

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  1. 22 October, 12:07
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    The option (a) is correct

    Explanation:

    The statement that is correct is the first option which says since Jim is a gratuitous agent, he will only be responsible for the loss of the car if his conduct amount to gross negligence.

    Gross negligence: refers to awareness or carelessness in reckless ignorance for the protection or lives of others and properties which is so great that it is visible to be a conscious violation of other people's rights to safety.

    In this case Jim will be held responsible for the Donna's car been stolen if he was conscious of what he did by leaving the keys in the car deliberately even when it to get stolen.
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