121. Measure of diligence.

In order that a claim may be maintained in the case of a gratuitous deposit, the depositary must have been guilty of fraud1, breach of orders, or such want of reasonable care as to constitute negligence2. In negligence the standard of care required of a gratuitous bailee is that demanded by the circumstances of the particular case3: thus the measure of diligence demanded of a gratuitous depository is as a rule that degree of diligence which men of common prudence generally exercise about their own affairs4, but if the bailee is notoriously dissipated, negligent or imprudent, and the bailor