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2018 Georgia Code 44-12-113 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 44-12-113 Case Law from Google Scholar Amendments to OCGA 44-12-113

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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