Christie’s Fine Art Storage Services, Inc. (CFASS), is in the business of storing fine works of art at its warehouse in Brooklyn, New York. The warehouse is next to the East River in a flood zone. Boyd Sullivan owns works of art by Alberto Vargas, including Beauty and the Beast and Miss Universe. Sullivan contracted to store the works at CFASS’s facility under an agreement that limited the warehouser’s liability for damage to the goods to $200,000. A few months later, as Hurricane Sandy approached, CFASS was warned, along with the other businesses in the flood zone, of the potential for damage from the storm. CFASS e-mailed its clients that extra precautions were being taken. Despite this assurance, Sullivan’s works were left exposed on a ground floor and sustained severe damage in the storm. Who is most likely to suffer the loss? Why? [Sullivan v. Christie’s Fine Art Storage Services, Inc., 2016 WL 427615 (N.Y.Sup.Ct. 2016)] (See Bailments.)
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