43-37-6. Duties of borrower for use--Preservation of thing--Living animal--Care of thing lent, extent of exercise--Repairs caused by negligence.
A borrower for use must use great care to preserve the thing lent in safety and good condition. If it is a living animal he must treat it kindly and provide all things necessary and suitable for it. He is bound to have and exercise such skill in the care of the thing lent as he causes the lender to believe he possesses and he must repair all deterioration or injury to the thing arising by his negligence.
Source: CivC 1877, §§1076 to 1079; CL 1887, §§3700 to 3703; RCivC 1903, §§1396 to 1399; RC 1919, §§1019 to 1022; SDC 1939, §38.0206.
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.