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Factual Scenario:
Pat was an avid mountain biker who knew much about bicycle repair. Tom also was a mountain biker, but did not know much about bicycles or their repair. The gears on Tom's bike were not working properly so he took his bike to Pat and asked if Pat could repair it. Pat said that was possible, so Tom left his bike with Pat for the week. Pat was able to fix and adjust the gears on Tom's bike so that they worked properly. Tom's bike was a top-of-the-line model, and much newer than Pat's bike. When Tom called Pat on Friday to see if the bike was ready for him to come pick up, Pat asked to keep the bike until Sunday. Pat wanted to try the bike out on Sunday on a ride with some friends. Tom told Pat that this was acceptable. On Saturday night, the bike was stolen off Pat's third floor apartment balcony where the bike was unlocked. Discuss whether Pat is liable to Tom for the loss.
Important Guidelines
1 Your score will be determined by evaluation of your substantive content. Your analysis and solutions as applicable must be based on the principles of law presented in the text and on the course site--not merely on your opinions. You must describe how application of the principles of law to the key facts supports your determination of the issues. You need to show the reasoning behind your decision.
2 The length of your response has no bearing on your score. Most responses will be from one to three pages.
3 Key facts are those facts that determine if the principles of law are met. You do not need to repeat the factual scenario. Doing so does not meet the requirement of recognizing the key facts. You must still demonstrate you recognize those key facts.
4 Use FIRAC to analyze this case.
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