Commentary

15 Duty of care in relation to gratuitous bailment

BAILMENT vol 3(1)
| Commentary

15 Duty of care in relation to gratuitous bailment

| Commentary

2: DEPOSIT

15 Duty of care in relation to gratuitous bailment

The gratuitous depositary must take reasonable care of the goods, such care being defined by reference to all the circumstances1. The fact that the service is gratuitous may be a factor in defining the standard of care2, but is probably less persuasive than other factors, such as the value of the goods and the apparent professional standing and capabilities of the bailee3. Although older authorities suggest otherwise, the bailee cannot escape liability merely by showing that he has abstained from gross negligence4, or that he has taken the same degree

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial