Locatio Custodiae Law and Legal Definition

Locatio Custodiae refers to the hiring of care and services to be performed or bestowed on the thing delivered. It is the hire of custody. Such a depositary is bound to ordinary diligence, and only responsible for losses by ordinary negligence.

In Adams v. Cost, 62 Md. 264, 273 (Md. 1884), the court discussed “if a horse be delivered either to an agisting farmer for the purpose of depasturing in his meadows, or to an hostler to be dressed and fed in his stable, the bailees are answerable for the loss of the horse, if it be occasioned by the ordinary neglect of themselves or their servants. It has, indeed, been adjudged, that, if the horse of a guest be sent to pasture by the owner's desire, the innholder is not, as such, responsible for the loss of him by theft or accident.”