Rex, a licensed contractor, rented a heavy duty brush cutter from YouRentAll Inc. Within the first few minutes of use the blade came off and extensively damaged the shroud and housing of the machine. It was determined that the bolts that held the blade on were left loose by some previous user. YouRentAll sued Rex for the repair costs claiming Rex should have check out the machine before using. Assuming the lease contract did not speak to this type of situation, how would the court rule?
A) The plaintiff would win, because proper standard of care was not shown.
B) The defendant would win, because lessor needs to take care of all repairs.
C) The plaintiff would win, since they are in the business of renting chattels.
D) The defendant would win, since there is an implied warranty of fitness.
E) The plaintiff would win, since there is an implied condition here.
Correct Answer:
Verified
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