Detailed Explanation
TSUNAMI! involves to points of discussion.
1) Is Adele required to put her life in jeopardy to attempt to save her mother-in-law's SUV?
2) If the raging waters indeed overtook the SUV, is Adele liable to remunerate her mother-in-law?
To resolve these questions we must,
1. categorize Adele's level of assumed liability
2. define the moral and financial responsibilities of such a trustee
Background
1. A trustee is liable for the loss or damage of chattel (movable objects) or livestock an owner entrusts under his or her jurisdiction.
By accepting upon him/herself the responsibility to safeguard another's belongings, the trustee is prohibited from dealing negligently with the article and is consequently liable for losses due to such carelessness.
Beyond negligence, any further degrees of liability, the likes of theft, loss, and damages due to unforeseen accidental circumstances reflect various degrees of benefit the trustee receives from his/her supervision[Exodus 22:6-14].
As noted, in Issue 79, the human mind willingly accepts higher grades of accountability in return for additional benefits received [Ketzos HaChoshen 291: 4]
A. A gratuitous bailee, or an unpaid trustee, receives no benefit for providing his or her services. Hence is liable for no more than damages or loss due to trustee's negligence [Choshen Mishpat 291: 1].
B. A bailee for hire, or a paid trustee receives payment or side benefits for safeguarding the article: hence is additionally liable for theft or loss [Choshen Mishpat 303: 2].
C. A renter pays for usage rights: hence is liable for theft or loss [Choshen Mishpat 307: 1]
D. A borrower may use the article at no cost: hence assumes the highest degree of accountability and is liable even for accidental occurrences [Choshen Mishpat 340:1].
[See below for the Trustee Liability Chart].
T.L.C.
|
Negligence |
Theft/Loss not due to negligence |
Unforeseen/incontrollable accidents |
Damage in course of normal use |
|
Unpaid trustee |
Liable |
Absolved |
Absolved |
Liable (may not use it) |
|
Paid trustee |
Liable |
Liable |
Absolved |
Liable (may not use it) |
|
Renter |
Liable |
Liable |
Absolved |
Absolved |
|
Borrower |
Liable |
Liable |
Liable |
Absolved |
2. While a paid trustee must extend effort and even lay out money on behalf of the owner in order to prevent an impending danger, the trustee is not required to risk his/her life in doing so [Pischei Choshen 3:25:61].
Application
The inland Tsunami is an example of an unforeseen or incontrollable accident for which an unpaid trustee, paid trustee, or renter is absolved from paying; while a borrower is still liable to compensate the lender.
Adele is absolved from recompensing her mother-in-law if she functioned as an unpaid trustee, paid trustee, or a renter. She is liable to recompense her mother-in-law (provided insurance does not cover the loss) if she is functions as a borrower.
Adele's mother-in-law initially requested her to take care of her truck. In return for her services, she allowed Adele to drive her SUV to work.
Adele assumes an interesting position as a paid trustee entitled to use the entrusted article. As she received this entitlement in return for the services she provided she does not assume the high-liability-level of a borrower. Consequently, she would be absolved from compensating her mother-in-law for the lost SUV [Dayan Chaim Kohn].
Additionally, Adele would not be required to risk her life in order to try to save the SUV.
[Answered by: Dayan Chaim Kohn & The Yesharim Research Center]
