Question

Eleanor often borrows her roommate’s car because she does not have one of her own. One day, Eleanor goes on a joy ride on rocky terrain and gets a flat tire. Eleanor refuses to replace the tire because she does not own the car. Which of the following is true?

• A-Eleanor may be held liable under a tort because roommates have a legal expectation of compensation for damaged possessions.
• B-Because Eleanor does not own the car, she has not committed a tort
• C-Because Eleanor had permission to use the car, she has not committed a tort
• D-Eleanor may be held liable under a tort because the owner can no longer use the car

Answer 1

Correct choice - D) Eleanor may be held liable under a tort because the owner can no longer use the car

The doctrine is primarily that the person lent the car in perfect condition and driven. Then at the time of return, the car was not in a condition the owner can use it like before. So, the damage was caused by the person and not by the owner. So, the person can be held liable under a tort.