Adele's car broke down while she was out driving one Sunday afternoon. When it became clear...

Adele's car broke down while she was out driving one Sunday afternoon. When it became clear that extensive mechanical repairs would be required, a friendly local farmer offered to tow the vehicle to his property and to store it in his machinery shed overnight. When Adele arrived with a tow truck the following morning, the car was missing. It had been stolen from the open-sided shed by an unknown person (or persons) during the night. (a) Does Adele have any grounds upon which she could bring an action against the farmer?
(b) Would your answer be different if:
(i) the car had been an extremely rm·e and valuable vintage Rolls Royce;
(ii) the shed could have been locked but was not;
(iii) Adele had paid the farmer to secure her car overnight;
(iv) the car was still there but it had been extensively damaged by a fire caused by a lightning strike during the night;
(v) the car was still there but Adele's briefcase and lap-top computer which had been locked in the boot had been stolen.

Solutions

Expert Solution

a) No, Adele does not have any grounds upon which she could bring an action against the former as there is no contract between the former and Adele about the safety of the car. The Former offered him help without any consideration and Adele accept it without imposing any condition regarding his property so legally he is so legally he isn't eligible to take any action against the former.

b) i. ) No, my answer will be the same.

ii) No matter what the condition of the shed would be farmer has Nothing to do with the incident unless he made any agreement upon which Adele accept but there was no contract so Adele has no right to take any actionaction against him.

iii) if Adele had paid to the farmer then under such conditions the former is liable for the loss. Adele has every right to take action against the former for his property loss because he has paid him to keep his car in his property for a night so he legally is responsible for the safety of theipropesible for the safety of the car.

iv) under such circumstances Adele cannot take any legal or social action as the damage has been done by the nature on which no human have any control.

V) under such circumstances Adele can you take any legal action against the former because he himself willingly without any consideration to the former kept his car there the former is not liable I any damage or theft.

Hayet Jeridi answered 1 year ago

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