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O.C.G.A. § 44-12-113 — Liability of borrower - Effect of intended benefit of loan | Georgia Code
O.C.G.A. § 44-12-113 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

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

ARTICLE 3 BAILMENTS

44-12-113. Liability of borrower - Effect of intended benefit of loan.

A loan is generally entirely for the benefit of the borrower, but sometimes it is for the joint benefit of the lender and the borrower and occasionally it is for the exclusive benefit of the lender. Where the loan is for the joint benefit of the lender and the borrower or is for the exclusive benefit of the lender, the responsibility of the borrower is varied and less stringent according to the circumstances and purpose of the loan.

(Orig. Code 1863, § 2105; Code 1868, § 2100; Code 1873, § 2127; Code 1882, § 2127; Civil Code 1895, § 2946; Civil Code 1910, § 3518; Code 1933, § 12-503.)

JUDICIAL DECISIONS

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, §§ 6, 161.

C.J.S.

- 8 C.J.S., Bailments, § 46 et seq.

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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.