Georgia Torts Bar Practice Exam 2025 - Free Torts Bar Practice Questions and Study Guide

The legal standard of 'reasonable care' for a bailee who receives a mutual benefit from a bailment requires the bailee to exercise a higher level of care than what would be applied in other situations, particularly those involving mere gratuitous bailments. In a mutual benefit bailment—for example, when both the bailee and the bailor benefit from the arrangement—the law imposes an obligation on the bailee to take appropriate and diligent care of the property as it would maximize the benefits for both parties.

This standard recognizes the interests of both parties and requires the bailee to act in a manner that a reasonably careful person would under similar circumstances. It ensures that the bailee does not neglect the property and protects the rights of the bailor. The goal is to mitigate the risk of loss or damage to the property, thus reinforcing the idea that both parties have a stake in its preservation.

As such, the higher standard of care acknowledges that the bailee benefits from the use of the property, and, consequently, must be proactive in maintaining it. In this context, the other options do not reflect the legal expectations laid out in typical tort law principles surrounding mutual benefit bailments, further solidifying why the acknowledgment of a higher duty of care is appropriate