Commentary

46 Duty to guard against loss and damage

BAILMENT vol 3(1)
| Commentary

46 Duty to guard against loss and damage

| Commentary

46 Duty to guard against loss and damage

The involuntary bailee owes no duty to take reasonable care to guard the goods against loss, theft or physical injury1. Provided he does not attempt to deliver them to a third party2, he need only abstain from wilful or (possibly) reckless conduct towards them. Thus, where a picture was taken to a house without the householder’s consent and damaged through being placed near a stove, the householder was not liable3; and where a musical instrument was damaged after being left in a concert hall without the

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