commodatum

commodatum (kom-[schwa]-day-t[schwa]m), n. [Latin commodare “to lend”] Roman & civil law. The gratuitous lending of goods to be used by the borrower and then returned undamaged to the lender. • This ar-rangement is for the sole benefit of the borrower. It is one of three types of contracts for permissive use, the other two being locatio conductio and mutuum.

— Also termed accommodatum; commodate. Pl. commodata.

“Commodatum was loan for use, the borrower being required to return the identical res. This contract was gra-tuitous, being usually for a limited time and a specific purpose. The borrower must use the greatest care in looking after the res but has not to answer for loss occasioned by fire or accident beyond his control, provided that there was no fault. If, however, the res was put to a use foreign to the terms of the agreement, strict liability might follow, e.g., if the res was wrongfully taken on a journey and lost through attack by enemies or shipwreck.” G.W. Paton, Bailment in the Common Law 49–50 (1952).

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