43-37-11. Loan for use or exchange--Borrower required to bear all expenses during loan--Exception--Compensation for cost to preserve thing from injury.
The borrower of a thing for use, or for exchange, must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For such expense he is entitled to compensation from the lender, who may, however, exonerate himself by surrendering the thing to the borrower.
Source: CivC 1877, §§1082, 1089; CL 1887, §§3706, 3712; RCivC 1903, §§1402, 1408; RC 1919, §§1025, 1031; SDC 1939, §38.0203.
Structure South Dakota Codified Laws
Chapter 37 - Loan Of Personal Property
Section 43-37-1 - Loan for use--Definition--Money in specie.
Section 43-37-2 - Loan for exchange--Definition.
Section 43-37-3 - Loan for use or exchange subject to provisions relating to loans for exchange.
Section 43-37-5 - Extent of use of thing by borrower.
Section 43-37-7 - Borrower for use--Lending to third person without consent of lender forbidden.
Section 43-37-10 - Loan for exchange--Modification of contract by lender forbidden.
Section 43-37-14 - Loan for use or exchange--Place for return of thing by borrower.