South Dakota Bailment Agreement with Bailee to Maintain and Care for Property, and Assume Liability for Damage or Loss
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How to fill out Bailment Agreement With Bailee To Maintain And Care For Property, And Assume Liability For Damage Or Loss?
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FAQ
Liabilities of Bailor:1.To disclose the faults: Section 150 of the Contract Act states that the bailor is bound to disclose the faults in the goods of which he is aware.2.To repay necessary expenses: Section 158 of Contract Act states that if bailor is liable to pay necessary expenses to the bailee.More items...?
If the bailment is for the sole benefit of the owner (the bailor), the bailee is answerable only for gross neglect or fraud: the duty of care is slight.
In a bailment for the sole benefit of the bailee, the bailee must use a high degree of care in taking care of the property bailed,must use the property only as agreed, and must return it when the bailment ends. The bailor has the right to have the property returned in a safe condition when the bailment ends.
The bailee is not liable if the delay in delivering the goods or disposal of goods is due to default of others. Unexplained failure to return the thing bailed is presumed to be by the bailee's default;12And it would be presumed as his negligence.
The bailee is liable for all injuries to the property from failure to properly care for or use it. Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the terms of the contract.
In either case reasonable disclaimers of liability are allowed. If the bailed goods need repair while in the bailee's possession, the usual rule is that ordinary repairs are the bailee's responsibility, extraordinary ones the bailor's.
The duty of the bailee is to return the goods without demand on the accomplishment of the purpose or the expiration of the time period. In case of his failure to do so, he shall be liable for the loss, destruction, deterioration, damages or destruction of goods even without negligence.
It is well established now that Bailee will be liable for any loss or damage to the bailor which arises due to the negligence or lack of reasonable care of the goods bailed.
The bailee is liable for any damages arising from their own negligence or the negligence of others who gain access to the item, for example, the item is stolen by an unknown third party while in the borrower's possession, or someone else uses the borrowed car while in the borrower's possession.