Lucy hands over her car to her mechanic, John, for a registration inspection. John has to leave the garage temporarily. He locks up Lucy’s car and puts on the garage’s burglar alarm. Unfortunately, there was a power failure in the street so the alarm does not sound when a thief uses a cutter to cut into the garage and steal the car. Neither Lucy nor John is insured.
(i) Advise Lucy whether she can claim damages from John.
(ii) Identify the whether it is a gratuitous bailment or non-gratuitous bailment in the above case.
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