Title 70, Title 70

The finder of a thing may be exonerated from liability at any time by placing it in storage with any responsible person of good character at a reasonable expense.

The owner of a thing found may be exonerated from the claims of the finder by surrendering it to the finder in satisfaction of the claims.

The finder of a thing may sell it, if it is a thing which is commonly the subject of sale, when the owner cannot with reasonable diligence be found or being found refuses upon demand to pay the lawful charges of the finder, in the following cases: (1) when the thing is in danger …

A sale under the provisions of 70-5-201 must be made in the same manner as the sale of a thing pledged.

A deposit may be: (1) voluntary or involuntary; and (2) for safekeeping or for exchange.

A voluntary deposit is made by one giving to another, with the other's consent, the possession of personal property to keep for the benefit of the former or of a third party. The person giving is called the depositor and the person receiving the depositary.

An involuntary deposit is made: (1) by the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of the owner; or (2) in cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by th…

The person with whom a thing is deposited in the manner described in 70-6-103 is bound to take charge of it if able to do so.

An involuntary deposit is gratuitous, the depositary being entitled to no reward.

A deposit for keeping is one in which the depositary is bound to return the identical thing deposited.

A deposit for exchange is one in which the depositary is only bound to return a thing corresponding in kind to that which is deposited.

A deposit for exchange transfers to the depositary the title to the thing deposited and creates between the depositary and the depositor the relation of debtor and creditor.

A depositary may not use the thing deposited or permit it to be used for any purpose without the consent of the depositor. A depositary may not, if it is purposely fastened by the depositor, open it without the consent of the depositor, except in case of necessity.

A depositary is liable for any damage happening to the thing deposited during the depositary's wrongful use of the thing unless the damage inevitably would have happened if the property had not been used.

If a thing is lost during its deposit and the depositary refuses to inform the depositor of the circumstances under which the loss or injury occurred so far as the depositary has information concerning them or willfully misrepresents the circumstances to the depositor, the deposi…

The liability of a depositary for negligence cannot exceed the amount that the depositary is informed by the depositor or has reason to suppose the thing deposited to be worth.

If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depositary may sell it for the best price obtainable and retain the proceeds as a deposit, giving immediate notice of the proceedings to the depositor.

A depositary of living animals must provide them with suitable food and shelter and treat them kindly.

So far as any service is rendered by a depositary or required from a depositary, the depositary's duties and liabilities are prescribed by the law on employment and service.

A depositary shall give prompt notice to the person for whose benefit the deposit was made of any proceedings taken adversely to the person's interest in the thing deposited that may tend to excuse the depositary from delivering the thing to the person.

A depositary who believes that a thing deposited with the depositary is wrongfully detained from its true owner may give the owner notice of the deposit, and if within a reasonable time afterwards the owner does not claim it and sufficiently establish a right to the thing and ind…

A depositor shall indemnify the depositary for: (1) all damage caused to the depositary by the defects or vices of the thing deposited; and (2) all expenses necessarily incurred by the depositary about the thing, other than expenses involved in the nature of the undertaking.

A depositary shall deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless the depositary has a lien upon the thing deposited or has been forbidden or prevented from doing so by the real owner…

A depositary is not bound to deliver a thing deposited without demand even where the deposit is made for a specified time.

A depositary shall deliver the thing deposited at the depositary's residence or place of business as may be most convenient for the depositary.

If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depositary may deliver to each person a proper share of the thing if it can be done without injury to the thing.

Gratuitous deposit is a deposit for which the depositary receives no consideration beyond the mere possession of the thing deposited.

A gratuitous depositary must use at least slight care for the preservation of the thing deposited.

The duties of a gratuitous depositary cease upon the depositary's: (1) restoring the thing deposited to its owner; or (2) giving reasonable notice to the owner to remove it and the owner failing to do so within a reasonable time. However, an involuntary depositary under 70-6-103(…

The provisions of this part apply only to the extent not otherwise provided for in the Uniform Commercial Code.

A deposit not gratuitous is called storage. The depositary in such case is called a depositary for hire.

A depositary for hire must use at least ordinary care for the preservation of the thing deposited.

In the absence of a different agreement or usage, a depositary for hire is entitled to 1 week's hire for the sustenance and shelter of living animals during any fraction of a week and to half a month's hire for the storage of any other property during any fraction of a half month…

(1) In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time and by the depositary upon a reasonable notice. (2) Notwithstanding an agreement respecting the length of time during which a depos…

(1) Any storage or commission merchant receiving personal property from any person for storage and any common carrier of goods by whom any personal property is lawfully stored before or after the transportation thereof may, after keeping the same in store for 90 days, in default …

(1) After paying the expenses of sale, including the publication of notice, the storage or commission merchant or the carrier is authorized, out of the proceeds arising from the sale of the property, to retain the amount due the merchant or carrier for storage or freight, or both…

(1) An innkeeper is liable for all losses of or injuries to personal property placed by the guests under the innkeeper's care unless occasioned by an irresistible superhuman cause, by a public enemy, by the negligence of the owner, or by the act of someone whom the innkeeper brou…

A hotelkeeper or innkeeper is not liable to any guest for the loss of wearing apparel, goods, or personal effects when it appears that the loss occurred without the fault or negligence of the hotelkeeper or the innkeeper or the hotelkeeper's or innkeeper's employees.

All innkeepers or hotelkeepers coming within the provisions of this part shall be liable for loss of or damage to any baggage or other property of their guests caused by fire in every case where such loss or damage is the result of the negligence of such keepers or their servants…

If an innkeeper keeps a fireproof safe and gives notice to a guest, either personally or by placing a printed notice in a prominent place in the room occupied by the guest, that the innkeeper keeps a fireproof safe and will not be liable for any loss of or injury to money, jewelr…

An innkeeper is not liable for the loss or destruction by fire of the property received by the innkeeper from a guest that is stored or kept with the knowledge of the guest in a barn or other outbuilding if it appears that the loss or destruction is the work of an incendiary and …

(1) An innkeeper may evict a guest of a hotel, as defined in 50-51-102, who refuses or has otherwise failed to pay the bill when due. Before evicting a guest, the innkeeper shall demand payment of the bill and shall ask the guest to vacate the premises. If the guest does not pay …

(1) An innkeeper may not be required to provide accommodations, facilities, or privileges of a hotel, as defined in 50-51-102, to a person who: (a) is unwilling or unable to pay for the accommodations and services of the hotel. An innkeeper may require a prospective guest to demo…

The provisions of 27-1-710 apply to an innkeeper. A license to serve beer, wine, or liquor that is issued to an innkeeper may not be suspended, revoked, or refused renewal because of the unlawful consumption or possession of alcohol by a guest or occupant except under the provisi…

If a minor willfully defaces or damages hotel property, the parent or guardian of the minor is liable for the cost of repair or replacement as provided in 40-6-237 and 40-6-238.