“I don’t suppose,” continued his father, “that Sarah will commence an action against you; but law is generally justice, and to know what we ought to do in cases like this, it is generally best to inquire what the law requires us to do.”
“Well, sir,” said Rollo, “and how is it?”
“Why, you see,” said his father, “there are various kinds of bailments. A thing may be bailed to you for your benefit; as, for instance, if James were to lend you his knife, the knife would be a bailment to you for your benefit. But if he were to ask you to carry his knife somewhere to be mended, and you should take it, then it would be a bailment to you for his benefit.”
“Well, sir, I took the wallet for Sarah’s benefit, not mine,” said Rollo.
“The law requires,” continued his father, “that you should take greater care of any thing, if it is bailed to you for your benefit, than it does if it is for the benefit of the bailor. For instance, if you were to borrow James’s knife for your own benefit, and were to lose it, even without any special carelessness, you ought to get him another; for it was solely for your advantage, that you took it, and so it ought to be at your risk. But if he asked you to take the knife to get it mended for his benefit; then, if you accidentally lose it, without any particular carelessness, you ought not to pay for it; for it was placed in your hands for his advantage, and so it ought to be at his risk.”
“Well,” said Rollo, “the wallet was given to me for Sarah’s advantage, not mine; and so I ought not to pay for it.”
“That depends upon whether it was lost through gross carelessness, or not. For when any thing is bailed to you for the benefit of the owner, if it is lost or injured through gross carelessness, then the law makes you liable. As, for instance, suppose you take James’s knife to get it mended, and on your way you throw it over the fence among the grass, and then cannot find it, you ought to pay for it; for you were bound to take good ordinary care of it.”
“Well, sir,” said Rollo.