Analysis of American Law

Cover Analysis of American Law
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19 290 PRIVA TE LA W. [book ii.
feasance, and not for a non-feasance ; for he is not permitted to commit a tort, and then to defend himself upon the imperfect obligation of the contract. He is at liberty to renounce his undertaking, but he must do it in such a manner as not to commit an absolute wrong to the bailor.
§22. The mandatary is bound only to slight diligence, and of course is responsible, like the depositary, for gross negligence only. If be vio- late his trust by misuser, or does any
... act inconsistent with, or in fraud of his contract, he will be liable for all the resulting losses or injuries.
And, in most respects, he is bound to return and account for the prop- erty in the same manner as in case of a deposit, where the express or implied terms of the contract do not alter his obligations and respon- sibility.
II. BAILMENTS WHICH AEE BENEFICIAL TO THE BAILEE.
§ 23. A loan for use (the only kind of bailment which falls in this class) is defined to be a bailment of goods to be used by the bailee for a limited time without rew.ard.


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