DIVISION 3. OBLIGATIONS 1427-3273.91›PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS 1738-3273.91›TITLE 3. DEPOSIT 1813-1881.2›CHAPTER 2. Deposit for Keeping 1833-1867›ARTICLE 1. General Provisions 1833-1840

§ 1838

California Civil Code · 2026-09 edition · updated 2026-10-03 · California

If a thing is lost or injured during its deposit, and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depositary is presumed to have willfully, or by gross negligence, permitted the loss or injury to occur.

(Enacted 1872.)

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California Civil Code

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