Re: the presumed bailment --
Loaning somebody a tool doesn't create even a valid gratuitous bailment
and most certainly not a constructive bailment that would be required
for the "extraordinary care" provisions to have any bearing.
I'd agree there's a moral/ethical obligation to return property in as
good a state as when borrowed but little, if any statutory requirement
in such a situation.
> Bailment is the process of placing personal property or goods in the
> temporary custody or control of another. The custodian or holder of
> the property, who is responsible for the safe keeping and return of
> the property, is know as the bailee. The person who delivers or
> transfers the property to the bailee is known as the bailor. For a
> bailment to be valid, the bailee must have actual physical control of
> the property with the intent to possess it. The bailee is generally
> not entitled to the use of the property while it is in his
> possession, and a bailor can demand to have the property returned to
> him at any time. Types of Bailment
> Bailment is usually done by agreement as a paid service, which gives
> the property custodian a responsibility and obligation to protect the
> goods. ...
> A constructive bailment occurs when circumstances create an
> obligation for the bailee to protect the goods. ...
> A bailment may also be a gratuitous bailment for which there is no
> payment. A gratuitous bailment occurs when someone finds lost
> property and protects it himself or places it in the custody of
> another, such as the police, until the lawful owner can be located.
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