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 ?
With a non-salary transfer loan, there is no requirement for a borrower's salary to be deposited at the lending bank, but they must issue post-dated cheques to cover the installments.
The scope of the liability imposed on the borrower will vary.
Before delivering such a legal opinion, borrower's counsel must review all the loan documents, research applicable laws, and ensure that all of borrower's corporate records, beginning on the date the company was formed, are in order.
Income-Based Payment Amount: If borrowers use more than one loan holder, each one would have to adjust the monthly payment by the proportion of the borrower's total loan principal.
The letter at issue is usually associated with stated-income loans, which are mortgages that do not require borrowers to document their income.
To successfully complete a workout, a borrower has to negotiate with its lenders on the terms and parameters of that workout.
While there are undoubtedly instances where servicers advise borrowers to enroll in forbearance against the borrowers' best interests, the Navient case shows that often the impetus for enrolling in forbearance over alternatives such as income-based repayment comes from the borrower herself.
Total cost is the future value of all upfront charges, monthly payments of interest, principal and mortgage insurance, and lost interest on those charges, less tax savings at the borrower's tax rate, and less reduction in the loan balance.
With a commercial transaction, lenders carefully review both the borrower and the subject property.
Loans can go into deferment if a borrower re-enrolls in school, becomes unemployed (for up to 3 years), faces economic hardship, or joins the military or the Peace Corps.
However, servicers can utilize high-quality borrower customer service as a way to establish an important and sustainable competitive differentiation.