Instead of being stolen from the locker, assume that the gym is struck by lightning, and Roxie's cell phone is destroyed in a resulting fire. Who would be liable for the cost of the cell phone in this instance and why?
A) Roxie, because she still stored the cell phone in an unlocked locker.
B) Roxie, because the lightning strike and resulting fire was an "act of God."
C) The gym, because they failed to extinguish the fire before it destroyed the phone.
D) The gym, because an act of God automatically creates liability in the bailee.
E) Both Roxie and the gym are liable for one-half the cost to replace the cell phone.

Question

Quizplus · Accepted Answer

The concept of an "act of God" refers to natural events outside human control, such as lightning strikes, for which no party can be held liable. Since the destruction of the cell phone was due to such an event, Roxie would bear the loss.

Instead of Being Stolen from the Locker, Assume That the Gym