In a bailment where the bailee benefits, what is their duty regarding care for the property?

In a bailment scenario where the bailee benefits, their duty of care is indeed to exercise extraordinary care over the property. This standard applies because the bailee derives a benefit from the bailment, such as using the property for their own purposes. This heightened duty requires the bailee to take all necessary precautions and measures to protect the property from any harm, loss, or damage.

The rationale behind this standard is based on the principle that when one party benefits from the property of another, they have an enhanced responsibility to safeguard it. This contrasts with other types of bailments, such as those that benefit only the bailor or those that are mutual, where the duty of care may be less stringent.

Choosing to exercise ordinary care would not be sufficient for a bailment benefiting the bailee, nor is it reasonable to expect the bailee to avoid liability at all costs or return the property in its original condition without assessing the level of care they must take while it is in their possession. The essence of extraordinary care ensures that the property is actively and diligently monitored and maintained throughout the duration of the bailment.