34-4. Duties of the Bailee. Orlando borrows a rototiller from his neighbor, Max. Max has not used the rototiller for two years. Orlando has never owned a rototiller and is not familiar with using one. Max previously used this rototiller often, and if he had made a reasonable inspection, he would have discovered that a blade was loose. Orlando is injured when the blade becomes detached while he is rototilling his garden. (See Bailments.)

a.Can Orlando hold Max liable for his injuries? Why or why not?

b.Would your answer be different if Orlando had rented the rototiller from Max and paid a fee? Explain.