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The mere existence of defects is not sufficient to attribute liability to him if he was not aware of the existence of the defect [cf. judgment of the Court of Appeal in Warsaw of December 4, 2019, ref. no. act V ACa 638/19]. However, it should be borne in mind that the person accepting the use is liable for accidental loss or damage to the item if he uses it in a manner inconsistent with the contract or with the properties or intended use of the item, or if, being not authorized to do so by the contract or forced by circumstances.
He entrusts the item to to another person, and the thing would not have been lost or damaged if he had used it properly philippines photo editor or if he had kept it at home.Thus, liability for accidental loss may consist in the borrower's obligation to provide monetary compensation to the lender, and in the event of damage, the lender has the right to demand its delivery and monetary compensation to compensate for the damage. In order to assign liability to the party taking part, it is necessary to meet two conditions.
Improper use or entrusting of items, accidental loss or damage to items. Therefore, liability does not arise if the item was lost or if it was used properly or was not entrusted to a third party. IMPORTANT – joint and several liability arises when several people jointly use the item. Return of a loaned item Request a refund ahead of schedule If the borrower uses the thing in a manner inconsistent with the contract or with the properties or intended use of the thing, if he entrusts the thing to another person without being authorized to do so by the contract or forced by circumstances.
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