Commentary

12.2 Modern standard of care

BAILMENT vol 3(1)
| Commentary

12.2 Modern standard of care

| Commentary

12.2 Modern standard of care

The gradations of care have now vanished, to be replaced by a single standard of reasonable care according to all the circumstances1. The fact that a bailee gains a benefit from the bailment may still be relevant in judging whether a given act or omission meets the standard of reasonable care2, but it no longer affects the abstract definition of the duty itself3. Even in its limited area of relevance, the question whether a bailee is a professional or a private custodian, acting in the course of a business

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