When is the duty of care considered to be highest in a bailment?

The duty of care is considered to be highest in a bailment that only benefits the bailee. In this context, a bailment refers to a situation where the owner of a property (the bailor) temporarily transfers possession of the property to another party (the bailee) for a specific purpose. When the bailment primarily benefits the bailee, the law requires the bailee to take extraordinary care of the property. This level of duty arises because the bailee is receiving a benefit at the expense of the bailor, and thus, the bailee is expected to handle the property with a high level of diligence and responsibility to avoid any damage or loss.

In other types of bailments, such as those that only benefit the bailor or involve mutual benefits, the standard of care is lower. In bailments benefiting only the bailor, for instance, the bailee is not required to take as much care since they do not gain any benefit from possessing the property. This variation in duty of care reflects the different levels of responsibility and interest that arise depending on who benefits from the bailment arrangement. Additionally, the presence of a written agreement does not inherently affect the level of care required; instead, it defines terms and conditions but does