did I break my friend's lawn mower ?

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Duff wrote: ...

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.
> www.lawyers.com > > Bailment > > 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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