53 Standard of care diminishing

BAILMENT vol 3(1)

BAILMENT vol 3(1) | Commentary

BAILMENT vol 3(1) | Commentary

The bailee may argue that:

53.1
the duty of care requires him only to take such precautions as are reasonable in all the circumstances¹, and
53.2
the extension of his custody beyond the period contemplated² makes it reasonable for him to exercise a lower degree of care³. In appropriate circumstances the bailor may also be guilty of contributory negligence, and his damages reduced accordingly⁴.

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