Question

Which statement is true about bailments?

A. the bailee must assume physical control of the property in order to create a bailment.
B. a bailment created with a written agreement is called a constructive bailment.
C. the bailor must remain responsible for damage to the property during the bailment.
D. both parties must consent to the bailment.

Answer 1

In the context of bailments, the true statement is that both the bailor and the bailee must consent to the bailment for it to be valid, making option D correct.

Step-by-step explanation:

The subject matter of this question is bailment, which is a legal term that describes a situation where one person (the bailor) temporarily transfers possession, but not ownership, of a personal property to another person (the bailee), under an agreement.

The correct statement about bailments is that both parties must consent to the bailment. This consent implies that the bailee must assume physical control of the property, but unlike option A, consent is the key criteria, not just physical control.

A written agreement is not necessary to create a bailment, refuting option B. The bailee, not the bailor, is typically responsible for the care of the property during the bailment, negating option C. So, the right option is D: both parties must consent to the bailment.