| Commentary

19 Deviation

| Commentary

19 Deviation

Subject to any express term, the depositary must discharge his custodial obligations personally during the period of the bailment, and restore the goods to the bailee on the expiry of the bailment1. Although modern authority is scarce, it appears that the bailee who deviates from these or other fundamental obligations incurs a strict liability as an insurer. The imposition of such liability, which is incurred in common with the bailee for reward2, appears to indicate that certain duties of the gratuitous bailee are independent of either contract or tort3. Strict liability was

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