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15. Deposit for safe custody is a branch of the law of bailments. A bailment is the delivery of movable property by one person (the
15. Deposit for safe custody is a branch of the law of bailments. A bailment is the delivery of movable property by one person (the bailor to another the bailee) on condition that it shall, in due course, be redelivered to the bailor on his order. It may be stated that the person who hires a locker retains some control over it by having one key with himself but if the locker can be operated without any key then at once any impediment in the way of control and possession of the Bank to whom the locker belonged and in those strong-room it was to be found, would be removed and it could be said that the bank was in the position of a bailce. Keeping banker as bailees, one may say that the care which a banker is obliged to take is such care as an ordinarily efficient and prudent person can take in similar circumstances. The bank will not be liable if property held in safe custody is destroyed by fire or otherwise, lost or stolen unless there is negligence on the part of the bank, and the degree of negligence required to establish liability will depend on the relevant circumstances of the case. 15. Deposit for safe custody is a branch of the law of bailments. A bailment is the delivery of movable property by one person (the bailor to another the bailee) on condition that it shall, in due course, be redelivered to the bailor on his order. It may be stated that the person who hires a locker retains some control over it by having one key with himself but if the locker can be operated without any key then at once any impediment in the way of control and possession of the Bank to whom the locker belonged and in those strong-room it was to be found, would be removed and it could be said that the bank was in the position of a bailce. Keeping banker as bailees, one may say that the care which a banker is obliged to take is such care as an ordinarily efficient and prudent person can take in similar circumstances. The bank will not be liable if property held in safe custody is destroyed by fire or otherwise, lost or stolen unless there is negligence on the part of the bank, and the degree of negligence required to establish liability will depend on the relevant circumstances of the case
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