토론:위탁

위키백과 ― 우리 모두의 백과사전.

A. Bailments: A bailment is the rightful possession of goods by one who is not their owner. [70] B. Duty during custody: During the time that the bailee (the person holding the goods) has the object in his possession, he is not an insurer of it. He is liable only for lack of care, but the precise standard depends on who is benefited: 1. Mutual benefit: If the bailment is beneficial to both parties, the bailee must use ordinary diligence to protect the bailed object from damage or loss. (Example: A hotel which takes guests’ possessions and keeps them in its safe is liable for lack of ordinary care, such as where it fails to use reasonable anti-theft measures.) [72] 2. Sole benefit of bailor: If the benefit is solely for the bailor’s benefit, the bailee is liable only for gross negligence. [72] 3. Sole benefit of bailee: If the bailment is solely for the benefit of the bailee (i.e., the bailor lends the object to the bailee for the latter’s use), the bailee is required to use extraordinary care in protecting the goods from loss or damage (but he is still not an insurer, and is liable only if some degree of fault is shown). [72] 4. Contractual limitation: The modern trend is that the parties may change these rules by contractual provisions. But even by contract, the bailee generally may not relieve himself from liability for gross negligence. [73 - 74]. a. Acceptance: Also, for such a provision to be binding, the bailor must know of it and "accept" it. [73] (Example: P puts his car into a commercial garage run by D. The claim check asserts that D has no liability for negligence. The provision will be binding only if D can prove that P knew of and accepted this provision – D probably cannot make this showing, since P can argue that he regarded the claim check as merely a receipt.)