Does a bailee's duty of care increase in a bailment that only benefits the bailee?

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In the context of bailment, the duty of care a bailee owes to the property they are holding can vary depending on the type of bailment. When a bailment primarily benefits the bailee, such as when a person borrows an item for their own use—this is often termed a "gratuitous bailee" situation—the bailee assumes a higher duty of care.

Under common law, the standard of care is lower when the bailment benefits only the bailor (such as leaving property with a friend for safekeeping) and higher when the bailee stands to gain from the arrangement. Therefore, in situations where the bailee is deriving benefit from the use of the property, they are expected to take greater precautions and act with increased diligence to ensure the safety and proper care of that property. This heightened standard reflects the responsibility that comes with their benefitting from holding the property and is aimed at preventing potential negligence.

Thus, the correct answer indicates that a bailee's duty of care does indeed increase in a bailment that only benefits the bailee, as they are obliged to act in a more careful manner compared to cases where their interest is not primarily served.

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