Is the duty of care for a bailee the same across all forms of bailments?

The duty of care for a bailee indeed varies depending on the type of bailment involved. In general, there are three primary categories of bailment: for the sole benefit of the bailor, for the sole benefit of the bailee, and for mutual benefit.

In a bailment for the sole benefit of the bailor, the bailee has a lower duty of care, only requiring them to avoid gross negligence. An example would be when you lend your friend a tool without expecting anything in return.

In a bailment for the sole benefit of the bailee, the bailee assumes a higher duty of care, being responsible for any damages that might occur, even if they are unintentional. This scenario could arise when someone borrows a car and is fully responsible for its care.

Finally, in a mutual benefit bailment—such as when you leave your car with a mechanic for repairs—the bailee has an intermediate duty of care. They are required to take reasonable care of the bailed property, as both parties benefit from the exchange.

Since the duty of care is influenced by the purpose of the bailment and the benefits conferred to each party, it is accurate to state that this duty does not remain the