You rented a car under a defective contract, and then it was involved in an accident. Are you liable for it?

Question : You rented this car under a defective contract and you took possession of it. Then it was involved in an accident without your intent.

Answer : The school of jurisprudence holds that you are liable for it in all cases. Because the usurper is liable for the usurped item in all cases, whether he separated it or not, whether he transgressed or not. You are also liable for the fair rental fee to the car owner for the duration of its stay with you, and the fee you paid him is not his property. Accordingly, the fair rental fee may be more than the agreed-upon fee, it may be less, or it may be equal.