O.C.G.A. § 44-12-113 (2019)
Loan beneficiaries and responsibilities
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.
History
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.
Annotations
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 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, §§ 6, 161.
C.J.S. 8 C.J.S., Bailments, § 46 et seq.