Bailment
...n B's garage. B accepts and will not charge A and will not use A's car. Here B has the lowest standard of care, although there is, nonetheless some standard of care. To argue that it would be a gratuitous promise, may not work in this situation. A variable standard of care is required of the bailee when the goods are stored as part of a contract. The variable nature of this standard depends upon the contract itself. Often there is the use of exemption clauses that will limit the liability of the bailee. The highest level of standard of care applies to those situations where the bailor gives goods to the bailee without charge and for the benefit of the bailee. Such a situation would be where someone borrows a car for his own benefit. Here, the slightest carelessness would be held against the bailee. Again, one could not argue that a gratuitous promise and hence escape liability. Common carriers and warehouse operators also have this highest level of care. Role of Lien In most situations, a business has a right to a lien on the goods that it has taken under bailment. This right is kept to ensure that the bailor pays for the services rendered by the bailee. Normally, the right to a lien exists only when the services have been performed and the payment is due. This may seem obvious, but it does cover those situations where payment m...