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2018 Georgia Code 44-12-112 | Car Wreck Lawyer

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 3 BAILMENTS

44-12-112. Liability of borrower - Duty of extraordinary care.

The borrower is usually bound to exercise extraordinary care and diligence and is liable for slight neglect.

(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.)

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).

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).

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).

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.

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