Commentary

128 Standard of care and safekeeping

BAILMENT vol 3(1)
| Commentary

128 Standard of care and safekeeping

| Commentary

128 Standard of care and safekeeping

Old authority required the borrower of a chattel to treat it with exactissima diligentia or the most exacting standard of care1. That standard rendered the borrower liable for even slight neglect towards the chattel2. It now seems clear that the borrower of a chattel owes a duty to take reasonable care of the chattel and to exercise reasonable skill in its use and management3. While the standard of reasonable care may vary according to the particular circumstances, the borrower’s duty now appears to be in essence that of

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