| Commentary

26 Duty of care

| Commentary

(c) Duties of the borrower

26 Duty of care

The borrower must take reasonable care of the chattel. He is not (subject to any express promise) answerable for ordinary wear and tear1, but he is responsible for its reasonable day-to-day maintenance2. If the bailor proves loss or damage while the goods were in the borrower’s possession, the borrower carries the burden of negativing fault, and is liable unless he can show that the misadventure occurred independently of any breach of his duty of care3.

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