In order for a bailee to avail himself of an act of God or an exception under the contract as a defense, he must establish not only that the act of God or excepted fact ultimately occasioned the loss but that his own negligence did not contribute to the loss.
History. Civil Code 1895, § 2265; Civil Code 1910, § 2713; Code 1933, § 12-106.
History of Section.
This Code section is derived from the decision in Richmond & D.R.R. v. White & Co., 88 Ga. 805 , 15 S.E. 802 (1892).
Cross references.
Risk of loss in the absence of breach, § 11-2-509 .
Structure Georgia Code
Chapter 12 - Rights in Personalty
§ 44-12-40. “Bailment” Defined
§ 44-12-41. Bailment Contract as Entire; Performance as Condition Precedent to Action Upon It
§ 44-12-42. Rights of Bailee in Bailed Property; Actions to Enforce Rights
§ 44-12-43. Care Required of Bailees
§ 44-12-44. Burden on Bailee After Loss; Proper Diligence Standard
§ 44-12-45. When Act of God or Contract Exception Available as Defense