104 USE OF HORSE BY THE BORROWER. 



liable in damages. " Would it not be monstrous to bold 

 tbat if tbe owner of a borsc, knowing it to be vicious and 

 unmanageable, should lend it to one ignorant of its bad 

 qualities, and conceal them from him, and the rider, using 

 ordinary care and skill, is thro"\vn from it and injured, he 

 should not be responsible ? ... By the necessarily implied 

 purpose of a loan a duty is contracted towards the borrower 

 not to conceal from him those defects, knoAVTi to the lender, 

 which may make the loan perilous or unprofitable to 

 him." (a) The terms on which the delivery of a horse lent 

 has been or is to be made may be proved by parole. (/;) 



77. Use of Horse by the Borrower. — The borrower must 

 limit his use to the express terms of the contract, or to what 

 is implied in loan of the horse, else he will be liable to the 

 owner in damages, (c) He must not lend the horse to 

 another, fcZ) and he is also bound to restore it in the same 

 condition as he got it at the expiry of the term of the con- 

 tract, or, if no time be specified, when restoration is 

 demanded ; and, if he fail to do so, the owner has a claim 

 for damages, or may, in certain circumstances, reject the 

 horse and claim its value, (e) The borrower may, in Scot- 

 land, retain a horse lent to him in security for reimburse- 

 ment of extraordinary expense laid out for its medical 

 treatment, or other necessary outlay on its behalf, but not 

 for anything extraneously caused ; (/) but this docs not seem 

 to hold in England. (^) 



78. Reasonable Care of Horse Lent. — The leadinsr case 

 in Scotland of reasonable care required of a borrower 



(a) Per Justice Coleridge in Blackmore v. B. it E. Railway Company, 

 1858, 27 L.J., Q.B. 167. 



(b) B. Pr. 190. 



(c) Cor/(js, cit. ; 1 Smith, L.C. 201, 266, where the distinction between loan and 

 hiring for a specified time and for a particular journey is pointed out ; see also 

 C'amoys v. Scur, cit. 7, § 59, p. 78. 



(c?) Even his servant, Bringloe v. Morrice, 167.'i, 1 Mod. Pep. 210. 

 (e) B. Pr. 197. (/) B. Pr. 198. 



{rj) Shirley's L.C, CM. 202. 



