Nelson took her computer to ABC Computer for repairs. ABC repaired the computer at a cost of $350 and informed Nelson that her computer was ready. Before Nelson came to pick up her computer, ABC was burglarized and Nelson's computer was taken. ABC had a
commonly-used alarm system that was operating properly on the night of the burglary, and all the doors and windows were properly secured. Nelson sued ABC for the cost of the computer. ABC denied any liability and counterclaimed for the $350 in repairs. Who will win?
Judgment will be for ABC for $350. ABC had exercised due care by securing its premises and having a commonly-used, properly-working alarm system. As a result, Nelson, the bailor, must bear the loss of the bailed property (the computer). Additionally, because ABC had performed the requested services (repair of the computer) before the computer was stolen, and because the computer was stolen through no fault of ABC's, ABC is entitled to be paid for its services.
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