Contracts. He to whom a thing is lent
at his request.
2. The contract of loan confers rights, and imposes duties on the borrower' 1. In general, he has the right to use the thing borrowed, during the time and for the purpose intended between the parties; the right of using the thing bailed, is strictly confined to the use, expressed or implied, in the particular transaction, and by any excess, the borrower will make himself responsible. Jones' Bailment
, 58 6 Mass. R. 104; Cro. Jac
. 244; 2 Ld. Raym. 909; Ayl. Pand. B. 4, t. 16, p. 517; Domat, B. 1, t. 5, §2, n. 10, 11, 12; Dio. 13, 6, 18 Poth. Pret a Usage
, c. 2, §1, n. 22; 2 Bulst. 306; Ersk. Pr. Laws of ScotI. B. 3, t. 1, §9; 1 Const. Rep. So. Car. 121 Bracton, Lib. 3, c. 2, §l, p. 99. The loan is considered strietly personal, unless, from other circumstances, a different intention may be presumed. 1 Mod. Rep. 210; S. C. 3 Salk. 271.
3. - 2. The borrower is bound to take extraordinary care
of the thing borrowed; to use it according to the intention of the lender, to restore
it in proper time; to restore it in a proper condition. Of these, in their order.
4. - 1. The loan being gratuitous
, the borrower is bound to extraordinary diligence
, and is responsible for slight
neglect in relation to the thing loaned. 2 Ld. Raym. 909, 916 Jones on Bailm. 65; 1 Dane's Abr. c. 17, art. 12; Dig. 44, 73 1, 4; Poth. Pret
. a Usage, c. 2, §2, art. 21, n. 48.
5. - 2. The use is to be according to the condition of the loan; if there is an excess in the nature, time, manner, or quantity of the use, beyond what may be inferred to be within the intention of the parties, the borrower will be responsible, not only for any damages occasioned by the excess, but even for losses by accidents, which could not be foreseen or guarded
against. 2 Ld. Raym. 909; Jones on Bailm. 68, 69.
6. - 3. The borrower is bound to make a return of the thing loaned, at the time, in the place, and in the manner contemplated by the contract.. Domat, Liv. 1, t. 5, §1, n. 11; Dig. 13, 6, 5, 17. If tho borrower does not return the thing at the proper time, he is deemed to be in default, and is geneally responsible for all injuries, even for accidents. Jones on Bailm. 70; Pothier, Pret a Usage , ch. 2, §3, art. 2, n. 60; Civil Code Of Louis. art. 2870; Code Civil, art. 1881; Ersk. Inst. B. 3, t. 1, §22 Ersk. Pr. Laws of Scotl. B. 3, t. 1, §9.
7. - 4. As to the condition in which the thing is to be restored. The borrower not being liable for any loss or deterioration
of the thing, unless caused by his own neglect of duty, it follows, that it is sufficient if he returns it in the proper manner, and at the proper time, however much it may be deteriorated from accidental
or other causes, not connected with any such neglect. Story on Bailm. eh. 4, §268. See, generally, Story on Bailm. oh. 4; Poth. Pret A Usage; 2 Kent, Com. 446-449; Vin. Abr. Bailment, B 6; Bac. Abr. Bailment
; Civil Code of Louis. art. 2869-2876; 1 Bouv. Inst. n. 1078-1090. Vide Lender.