O.C.G.A. § 44-12-112 (2019)
Borrower’s duty of extraordinary care
The borrower is usually bound to exercise extraordinary care and diligence and is liable for slight neglect.
History
Orig. Code 1863, § 2106; Code 1868, § 2101; Code 1873, § 2128; Code 1882,
§ 2128; Civil Code 1895, § 2947; Civil Code 1910, § 3519; Code 1933, § 12-504.
Annotations
JUDICIAL DECISIONS Borrower is liable for any neglect in failing to care for thing borrowed. Bulloch v. Hutcheson, 49 Ga. App. 171, 174 S.E. 645, 1934 Ga. App. LEXIS 315 (1934). Exercise of extraordinary care required where benefit entirely for borrower. - In a loan entirely for the benefit of the borrower, the borrower is usually bound to exercise extraordinary care and diligence, and is liable for slight neglect
concerning the thing borrowed. Warren v. Mitchell Motors, Inc., 52 Ga. App. 58, 182 S.E. 205, 1935 Ga. App. LEXIS 32 (1935). Ordinary care required in mutual benefit bailment. - A borrower, where the bailment is for the mutual benefit of both the bailor and bailee, is bound to exercise ordinary care and diligence in regard to the article borrowed. Warren v. Mitchell Motors, Inc., 52 Ga. App. 58, 182 S.E. 205, 1935 Ga. App. LEXIS 32 (1935).
RESEARCH REFERENCES Am. Jur. 2d. 8 Am. Jur. 2d, Bailments, § 161. C.J.S. 8 C.J.S., Bailments, § 18. ALR. Duty and liability of fair association, or other bailee, as regards articles intrusted to it for exhibition or display, 139 A.L.R. 931.
Liability of bailee of airplane for damage thereto, 44 A.L.R.3d 862. Validity and construction of contract exempting agricultural fair or similar bailee from liability for articles delivered for exhibition, 69 A.L.R.3d 1025.