In the Tannenbaum v. New York Dry Cleaning, Inc. case,
A. there was a bailment for hire, and the fact that the bailee was unable to return the bailed item except in a damaged condition created an irrebuttable presumption that the damage to the item was attributable to the bailee's negligence.
B. the court stated that a company cannot, under New York law, use an exculpatory clause to relieve itself from liability for the consequences of its own negligence.
C. the court found that the claimant was not bound by the terms of the dry cleaning company's limitation clause because, even if it applied to the situation before the court, the claimant had not read the clause nor had he assented to its terms.
D. the court found that the claimant was negligent in not reading the limitation clause on the back of his claim ticket, so he could not recover the cost of his shirt.
Answer: C
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