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We know that Phoebe has agreed to tutor Indira's daughter in math. Phoebe borrowed her friend Colin's car to drive to Indira's house, and she

We know that Phoebe has agreed to tutor Indira's daughter in math. Phoebe borrowed her friend Colin's car to drive to Indira's house, and she paid $2 to park the car in an underground lot close to Indira's apartment building. The lot is owned by Navin. Navin does not take possession of the car or the car keys at any point, so that use of his parking lot constitutes a licence, not a bailment.

When Phoebe returned to the car after her tutoring session with Indira's daughter, Phoebe discovered that the car had been damaged by someone scratching a key along the side of the car.

With regard to the damage on the car, which of the following is correct?

a) Neither Phoebe nor Navin are liable. The only person who is liable is the

person who caused the damage.

b)Phoebe is liable to compensate Colin for the damage to the car because she

was the bailee and required to return the car to Colin in good condition.

c) Navin is liable because he was in lawful possession of the car and he was

required to return the car to Phoebe in good condition.

d) Both Pheobe and Navin are liable.

When I look at this question I want to say Pheobe is liable however when thinking of property law is it possible Navin is liable since it was technically his property on which the damages occurred? Does that come into play when deciding liability?

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