Commentary

53 Standard of care diminishing

BAILMENT vol 3(1)
BAILMENT vol 3(1) | Commentary

53 Standard of care diminishing

BAILMENT vol 3(1) | Commentary

53 Standard of care diminishing

The bailee may argue that:

  1. 53.1

        the duty of care requires him only to take such precautions as are reasonable in all the circumstances1, and

  2. 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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