other parr\' or when tliere were other dealings between these parties. I^tit this other stipnlutio or dealing or course of dealings, its suecess or tailure, coidd not he taken into account, d'he law oi xripHldtio does not reflect what is going on in societw d o this subject I will return in chapter 7. 2. Comniodatnni was the contract of loan for use of something, and it was, of necessitx’, gratuitous. If any reward was agreed upon for the loan, there was no contract of comynodatum. d"he horrinver had to return the \ erx' same object to the lender, and he might he liable for tlamage caused to the thing. I'he e.xtent of the borrower's liabilitx’ varied: if the loan was soleh’ in the interest of the borrower, he was liable for negligence; if it was in the interest of both lender and borrower (for instance, you lend me your siber dishes for a feast 1 am gi\ ing at which \’ou will be an honored guest), then the borrower is liable onl\' if he fails to show the care he shows in his own affairs. .Again, this contract of commodatum^ which was classed among the contracts of good faith, was judged on its own, independently of surrounding circumstances, dduis, I lend \’ou m\' o.x gratuitoush’ so that \()u can plow vour field. 1 he commodiitiim is soleK’ for vour benefit. But why should 1 let nou use nn o.x for free.- Because of surrounding circumstances that the law completely ignores. If these were taken into account, the standard of liahilitx' might change. 3- Scgotiorum gcstio^ the looking after another's affairs, occurred when one person, without authorization but reasonabh', interxened to protect or look after another's propertx’. If the actor suffered financial loss - his clothing was burned or torn - he was entitled to compensation hut onlx’ up to the amount that his acting benefitted the other partx’. If a laxvsuit arises, onlx' one gestio, occasion of acting, is taken into account. Once again, the gestio is remox ed fromits social context. I'here frecjuentlx’ xvould be a x\ hole series of gestioiics. ^ou and 1 are neighbors, bur x’ou raise sheep xxhich frequentlx' fall into 63
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