able with that degree of skill commensurate with the value and nature of the property. A great deal depends upon the knowledge which the bailor knows the bailee to possess.

265. Termination of Bailment. The bailment may be terminated in several ways. Many of these need no discussion. The parties to the bailment may mutually agree to terminate it. Where the bailor receives all the benefit, he may demand the return of the goods at any time provided the bailee has no incidental charges. Where the bailment is for the benefit of the bailee, the bailor may demand the return of the goods at the expiration of the time. The bailment terminates on the destruction of the property. The right of the bailee to hold the goods will be discussed under the subject of lien.

A bailment is a delivery of goods to another for a specific purpose. Only personal property may be the subject matter of a bailment. Bailments are classed as gratuitous and non-gratuitous.

Care is classed as slight, ordinary, and great.

The degree of care for which the bailee is responsible is in direct ratio to the benefit received by him.

Negligence is "a breach of duty to exercise commensurate care, resulting in damages."

The amount of skill for which the bailee is chargeable depends somewhat upon the character of the bailment and the knowledge of the skill that the bailor knows the bailee to possess.

When the specific object has been performed the goods must be returned.

What class of relations is embraced in bailments? Define bailment; bailor; bailee. What property may be the subject of a bailment? When is it terminated?

Name the classes of bailments and the subdivisions of each class. Define and illustrate gratuitous and non-gratuitous bailments. State the different degrees of care required of the various classes of bailees. Mention some things that affect the degree of care. Is it the absence of care, or injury to the thing bailed, that enables the bailor to hold the bailee? Explain the difference. Mention some things that may terminate a bailment.

268. Where Bailee Receives Whole Benefit. Loan for Use. In this bailment the bailee receives the sole benefit. It is simply the loaning of a thing to another for him to use personally. If the bailor receives any benefit, the nature of the bailment is changed at once.

1. Care. Since the bailee receives all of the benefit, he is held strictly accountable for the thing loaned. He must exercise a high degree of care. So strictly is the bailee held accountable, that any change in the use of the thing loaned, any deviation of the agreement substituting a third person, makes him liable for all losses irrespective of the degree of care used.

2. Expenses. The bailee, impliedly at least, undertakes to pay for all such incidental expenses as proper care and use demand. If he has the loan of a horse, the horse must be properly

fed, housed, and groomed. This is necessary in order that he may enjoy the benefit of the loan; if, however, it becomes necessary to meet any unforeseen expenses as the employment of a veterinary, the bailor must reimburse him. The first expense named may be considered necessary, understood, or customary, and the second extraordinary, not necessarily contemplated at the time of the borrowing.

3. Return of Property. It is the duty of the bailee to return the property at the agreed time, also any natural increase in the same. If the thing loaned is a bond or other security for the use of the bailee, he must return any interest accumulated or collected by him. If the bailee has paid any extraordinary expenses, he has a right to be reimbursed prior to delivery. The bailee has no right to hold the property for any claim in the nature of an old debt against the bailer.

4. Duty of Bailor. The chief obligation on the part of the bailor is to allow the bailee free and unrestricted use of the thing bailed.

269. Where Bailor Receives Whole Benefit. In this chapter we consider a class of agreements or relations where a certain amount of accommodation is to be considered. It represents no business calling.

1. Deposit. This is the simplest as well as the oldest kind of bailment. It is the depositing of goods with another for safekeeping without charge. The bailee obligates himself to return the property to the owner whenever demand is made. The bailee must also return all increase or accumulation that may take place. Since the benefit is entirely for the bailor, only slight care is exacted of the bailee. If he receives special instructions in regard to the bailment he must not disregard them. The bailee may return the property to the bailor at any time. If the bailee has incurred any expenses incident to the keeping, he has a right to hold the goods until repaid. The bailee is not obligated to undertake such a bailment; but if he does so he assumes the liability incident to it. If the bailee does not take the proper degree of

$270.]

FOR BENEFIT OF BAILEE OR BAILOR

251

care and the property is damaged thereby, he becomes liable in damages.

2. Use of Deposit. As a rule the bailee must not use the deposit. If, however, use of the chattel is necessary or beneficial, he may use it; in fact, if necessary, he must do so, e. g., to exercise a horse or milk a cow. If the use is not beneficial or necessary, he has no right to use the property.

3. Commission. This is a bailment of goods for the purpose of enabling the bailee to perform some work or benefit on the goods free of charge.

4. Care. The bailment being solely for the benefit of the bailor, only slight care is exacted of the bailee, and an injury to the property resulting from the want of slight care makes the bailee liable in damages.

The bailee is not obliged to commence or undertake such a bailment; but, having voluntarily commenced, he is accountable for a degree of skill commensurate with the value and intricacy of the labor to be performed. A offers to carry a cask of wine for B from one place to another. This is purely a gratuitous offer and there is no obligation on the part of A to do the work. If, however, he calls for and receives the cask and starts on its carriage, he is liable for any loss occasioned from improper care and lack of skill.

5. Re-Delivery. When the bailment is terminated, the bailee must return the property to the bailor. If, however, the bailor is not the lawful owner, the bailee may be directed to return the property to the one having the title. The bailee has a right to hold the property until he is reimbursed for any accidental or necessary expense coupled with the bailment. The bailee, however, had no right to retain the property in satisfaction of some other claim that he may have against the bailor.

The bailee receives the sole benefit in the loan for use. The bailment is for his personal use. A high degree of care is required of him. Any deviation from the original purpose makes him liable for all losses.

The property must be returned at the agreed time. The bailee must bear incidental expenses, but is entitled to be reimbursed by the bailor for extraordinary expenses.

In the deposit, the bailee receives the goods for safe keeping without charge, to be returned upon demand. In this, the bailor receives the whole benefit of the bailment, and only slight care is required of the bailee. Special instructions must not be disregarded, but the property may be returned at any time.

The bailee has a right to be reimbursed for expense incurred. If he fails in proper care he is liable in damages; unless use is beneficial or is necessary he must not use the article deposited.

A commission implies that the bailee will work or perform some benefit on the goods bailed, free of charge. This bailment is for the sole benefit of the bailor, and only slight care is required of the bailee. The bailee may refuse the commission, but, having accepted it, he must exercise the degree of care and skill requisite to the undertaking. He may return the property to the person having title, but has the right to hold the same until reimbursed for necessary expense, but not for some other claim against the bailor.

Describe the loan for use, the degree of care required of the bailee, and the duty of the bailor.

Define a deposit, and state the rights and duties of the bailor and bailee.

Define a commission. State the rights and duties of the parties in a commission as regards care, re-delivery, etc.