What is the duty of a bailee to take care of the bailee?

British Columbia, Canada


The following excerpt is from Pazitch v. Shaughnessy Antique Gallery, 1997 CanLII 4320 (BC SC):

The duty on such a bailee, well recognized since at least the time of Lord Mansfield in Coggs v. Bernard [1703] 2 Ld. Raym. 909, is to take the same level of care for the bailed goods as a prudent owner under the same circumstances would take for his own. The law also provides that once such a bailment is proved, the onus changes to the bailee to prove it used that standard of care. The onus is on the appellant, the bailor, to prove that the disputed goods were delivered into the bailee's care.

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