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HomeCivil CodeDiv. 3Pt. 4Ch. 3Art. 1§ 2078 Unauthorized Service Liability

§ 2078 Unauthorized Service Liability

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 2078 Unauthorized Service Liability

If you take someone's property without their permission to fix or help it, you must do a good job and can only keep the repair costs, giving any extra profit to the owner.

Key Takeaways

  • •You cannot take someone's property without their consent.
  • •You must do the service with ordinary care, diligence, and reasonable skill.
  • •You are not paid for the service unless you deduct necessary expenses from any profit you create for the owner.
  • •Any remaining profit after deducting expenses must be given to the owner.

Example

A neighbor finds a broken lawn mower in your garage, fixes it without asking, and later sells it for a profit.

You must complete the repair with ordinary care and skill, cannot charge for the service, but you may deduct the actual repair costs from the sale profit and must give the remaining money to the owner.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 2078 Unauthorized Service Liability

One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession for the purpose of rendering a service about it, must complete such service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about such service from any profits which his service has caused the thing to acquire for its owner, and must account to the owner for the residue. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

officiouslyordinary carereasonable skillactual and necessary expenses

Related Statutes

  • § 1135 Ship Interest Transfer Rules
  • § 1140 Molder-Customer Die Ownership
  • § 2110 Freight Carriage Definitions
  • § 4205 Conflict Resolution Hierarchy
  • § 4210 Association Assessment Collection Statement

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 2078.
View Official Source