OBLIGATIONS OF THE BAILOR
1. The primary obligation of the bailor is to allow the bailee the use of the thing loaned for the duration of the period stipulated or until the accomplishment of the purpose for which the commodatum was constituted
a. However, the lender may demand its return or temporary use if he has the urgent need of the thing or if the borrower commits an act of ingratitude
2. PRECARIUM: a kind of commodatum where the bailor may demand the thing at will. In this kind of commodatum, the lender may demand at will the return of thing under the following circumstances:
a. If neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated; or
b. If the use of the thing is merely tolerated by the owner.
c. the law recognizes the urgency as well as it is gratuitous.
d. Take note that in precarium, there is no stipulated period or the use is merely tolerated
3. He may demand the immediate return of the thing if the bailee commits any act of ingratitude
a. If the bailee should commit some offenses against the person, honor or the property of the bailor, or
of his wife, and children under his parental authority
b. If the bailee imputes to the bailor any criminal offense or any act involving moral turpitude, even
though he should prove it, unless the crime or act has been committed against himself, his wife and
children under his authority
c. If the bailee unduly refuses the bailor support when the bailee is legally or morally bound to give
4. He has the obligation to refund extraordinary expenses for the preservation of the thing loaned—it is him who profits from the said expenses anyway.
a. As a rule, notice is required because it is possible that the bailor may not want to incur the
extraordinary expenses at all
b. An exception of course is where there is urgency that the reply to the notification cannot be awaited without danger
c. you have to determine if its ordinary or extraordinary
d. why would you advance for the extraordinary expenses when you can return the
thing and make the lender pay for the expenses?
5. Regarding, extraordinary expenses arising from the actual use of the thing, the division of liability between the bailor and bailee is 50-50. This is the default rule but the parties may stipulate for a different apportionment.
6. For expenses other than ordinary expenses and expenses for the preservation and use of the thing, the bailor is not liable for the same.
7. He is liable to the bailee for damages in case he has knowledge of flaws of the thing loaned, and he didn't advise the bailee of the same
a. There is flaw or defect in the thing loaned
b. The flaw or defect is hidden
c. The bailor is aware thereof
d. He doesn't advise the bailee of the same
e. The bailee suffers damages by reason of the said flaw or defect
8. He cannot excuse himself from liability for any expense or damages by abandoning the thing to the bailee