Polly needs to go to several job interviews in the coming week, but her car is...
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Polly needs to go to several job interviews in the coming week, but her car is broken down. Her friend John decides to let Polly use his second car, and surprises her by dropping it off at her house, parking it on the street while Polly is not home. A few minutes after John leaves, a drunk driver swerves and crashes into John's car. John wants Polly to pay for the damages to the car, saying she can wait until she has gotten a job. However, Polly had no idea that John intended to loan her his car, and had no intent of accepting use or control of the car when John left it at her house. If John takes Polly to small claims court, will John prevail? Why or why not? (For full credit make sure your answer relies on an analysis as to why or why not the elements of bailment are present) Polly needs to go to several job interviews in the coming week, but her car is broken down. Her friend John decides to let Polly use his second car, and surprises her by dropping it off at her house, parking it on the street while Polly is not home. A few minutes after John leaves, a drunk driver swerves and crashes into John's car. John wants Polly to pay for the damages to the car, saying she can wait until she has gotten a job. However, Polly had no idea that John intended to loan her his car, and had no intent of accepting use or control of the car when John left it at her house. If John takes Polly to small claims court, will John prevail? Why or why not? (For full credit make sure your answer relies on an analysis as to why or why not the elements of bailment are present)
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