O.C.G.A. § 44-12-111 (2019)
Nature of loan for use
A loan for use is the gratuitous grant of an article to another for his use with the expectation that the article will be returned in specie. A loan for use may be made either for a definite time or for an indefinite time and is at the will of the grantor.
History
Orig. Code 1863, § 2104; Code 1868, § 2099; Code 1873, § 2126; Code 1882,
§ 2126; Civil Code 1895, § 2945; Civil Code 1910, § 3517; Code 1933, § 12-502.
Annotations
JUDICIAL DECISIONS Loan of demonstrator automobile by dealer to prospective purchaser creates bailment. - Where an automobile dealer lends a demonstrator automobile to a prospective purchaser for the purpose of allowing such purchaser to test
and operate it, under an oral agreement that the purchaser is to return the automobile at the end of two days in the same condition, less reasonable wear and tear, as the automobile was when delivered to the potential purchaser, this constitutes
the purchaser being a bailee. Warren v. Mitchell Motors, Inc., 52 Ga. App. 58, 182 S.E. 205, 1935 Ga. App. LEXIS 32 (1935). Degree of care required where bailment is for sole benefit of bailee is great care or extraordinary diligence, and the bailee is responsible for slight neglect in relation to the subject matter of the bailment. Raines v. Rice, 65 Ga. App. 68,
15 S.E.2d 246, 1941 Ga. App. LEXIS 261 (1941). If animal is loaned without compensation, the bailee is bound to exercise extraordinary diligence, such as the most prudent man would use toward that man’s own property. Raines v. Rice, 65 Ga. App. 68, 15 S.E.2d 246, 1941 Ga. App. LEXIS 261 (1941).
RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, § 3.
C.J.S. 8 C.J.S., Bailments, § 18.