borrower


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BORROWER, contracts. He to whom a thing is lent at his request.
     2. The contract of loan confers rights, and imposes duties on the borrower' 1. In general, he has the right to use the thing borrowed, during the time and for the purpose intended between the parties; the right of using the thing bailed, is strictly confined to the use, expressed or implied, in the particular transaction, and by any excess, the borrower will make himself responsible. Jones' Bailment, 58 6 Mass. R. 104; Cro. Jac. 244; 2 Ld. Raym. 909; Ayl. Pand. B. 4, t. 16, p. 517; Domat, B. 1, t. 5, Sec. 2, n. 10, 11, 12; Dio. 13, 6, 18 Poth. Pret a Usage, c. 2, Sec. 1, n. 22; 2 Bulst. 306; Ersk. Pr. Laws of ScotI. B. 3, t. 1, Sec. 9; 1 Const. Rep. So. Car. 121 Bracton, Lib. 3, c. 2, Sec. l, p. 99. The loan is considered strictly personal, unless, from other circumstances, a different intention may be presumed. 1 Mod. Rep. 210; S. C. 3 Salk. 271.
     3. - 2. The borrower is bound to take extraordinary care of the thing borrowed; to use it according to the intention of the lender, to restore it in proper time; to restore it in a proper condition. Of these, in their order.
     4. - 1. The loan being gratuitous, the borrower is bound to extraordinary diligence, and is responsible for slight neglect in relation to the thing loaned. 2 Ld. Raym. 909, 916 Jones on Bailm. 65; 1 Dane's Abr. c. 17, art. 12; Dig. 44, 73 1, 4; Poth. Pret. a Usage, c. 2, Sec. 2, art. 21, n. 48.
     5. - 2. The use is to be according to the condition of the loan; if there is an excess in the nature, time, manner, or quantity of the use, beyond what may be inferred to be within the intention of the parties, the borrower will be responsible, not only for any damages occasioned by the excess, but even for losses by accidents, which could not be foreseen or guarded against. 2 Ld. Raym. 909; Jones on Bailm. 68, 69.
     6. - 3. The borrower is bound to make a return of the thing loaned, at the time, in the place, and in the manner contemplated by the contract.. Domat, Liv. 1, t. 5, Sec. 1, n. 11; Dig. 13, 6, 5, 17. If the borrower does not return the thing at the proper time, he is deemed to be in default, and is generally responsible for all injuries, even for accidents. Jones on Bailm. 70; Pothier, Pret a Usage , ch. 2, Sec. 3, art. 2, n. 60; Civil Code Of Louis. art. 2870; Code Civil, art. 1881; Ersk. Inst. B. 3, t. 1, Sec. 22 Ersk. Pr. Laws of Scotl. B. 3, t. 1, Sec. 9.
     7. - 4. As to the condition in which the thing is to be restored. The borrower not being liable for any loss or deterioration of the thing, unless caused by his own neglect of duty, it follows, that it is sufficient if he returns it in the proper manner, and at the proper time, however much it may be deteriorated from accidental or other causes, not connected with any such neglect. Story on Bailm. eh. 4, Sec. 268. See, generally, Story on Bailm. oh. 4; Poth. Pret A Usage; 2 Kent, Com. 446-449; Vin. Abr. Bailment, B 6; Bac. Abr. Bailment; Civil Code of Louis. art. 2869-2876; 1 Bouv. Inst. n. 1078-1090. Vide Lender.

References in periodicals archive ?
SS&C Technologies Holdings, Inc, a global provider of financial services software and software-enabled services, today announced the release of Precision LM Borrowers Viewpoint v3.
Have your borrower update their personal and corporate financial statements annually and get copies of their tax returns yearly.
If the administrative agent either will not or cannot act for the second-lien lenders, the borrower has to identify who will represent them.
The last thing the department wants is for a borrower to go into default and force us to collect on the loan.
So, if a home is destroyed by a hurricane and the borrower also defaults on the mortgage, the home must be restored before a claim could be submitted to the mortgage guaranty insurer.
Thus, if the IRS wanted to audit a particular bond issue, it had to identify and audit the bondholders who were excluding the tax-exempt interest on their returns and, through those audits, seek third-party information from the issuer and conduit borrower to determine whether the bonds met the requirements for exemption under the Code and regulations.
As a volunteer for the Burbank Public Library's Home Borrowers Program, Carroll - who works part-time for a metal-stamping manufacturer in North Hollywood - has been a lifeline for Bradley's love of books.
In assessing the possibility that a prospective borrower may default on a mortgage, lenders evaluate both ability and willingness to repay the loan.
Davis: There are several issues, in addition to interest rates, that the borrower needs to consider.
The amount of the rebate was viewed by the Service as a subsidy by the Brazilian government to the borrower.
Between 1980 and 1988, the REA telephone borrowers' net operating profit margins doubted; a 1989 Kidder Peabody analysis showed that the average telephone borrower could easily attract lenders on the private market.