Legal Definitions - commodate

Commodate refers to a specific type of loan where one party (the lender) temporarily provides a particular item to another party (the borrower) for their use, completely free of charge. The key characteristic of a commodate is that the borrower must return the exact same item that was borrowed, rather than an equivalent item or its monetary value. This arrangement is built on trust, as the lender receives no compensation for the use of their property, and the borrower benefits from using an item they do not own.

• Example 1: Sarah needs a specialized tool to fix her bicycle, so her friend Mark lends her his torque wrench for the afternoon. Sarah uses the wrench, successfully repairs her bike, and returns the exact same torque wrench to Mark later that day.

  Explanation: This is a commodate because Mark provided a specific item (the torque wrench) to Sarah for her use without asking for payment. Sarah was obligated to return, and did return, that identical tool.

• Example 2: A local library allows a community volunteer group to borrow several folding tables and chairs for a free outdoor book fair. The library expects the same tables and chairs to be returned in good condition after the event concludes.

  Explanation: This scenario demonstrates a commodate because the library (lender) provided specific, non-consumable items (tables and chairs) for the volunteer group's use without charge. The group is required to return those exact items, not just any tables and chairs.

• Example 3: David is going on a camping trip and realizes he forgot his tent. His neighbor, Emily, offers to let him borrow her spare tent for the duration of his trip. David uses Emily's tent and returns it to her clean and undamaged when he gets back.

  Explanation: This is a commodate because Emily lent a specific item (her tent) to David for his temporary use without any fee. David's obligation was to return that particular tent, not a different one or money for its use.