Law on the Lagoon: Legal Lessons from Island Life (Vol. 1)

Tutone Maka
May 6
2 min read

Lending Trouble: The Real Price of Island Generosity

It started like any other Saturday.

Jonah needed to get to the next atoll. The sun was out, the tide was high, and his cousin, Toma, had a new fiberglass boat with a 40-horsepower engine. Jonah asked to borrow it, just for a short trip. Toma, still sipping his morning coffee, waved him off with a quick, “Just don’t break it.”

Jonah smiled, gassed up the boat, and left with two friends.

But the weather turned. Fast.

By the time Jonah reached halfway, strong winds kicked up. The engine strained. And when they tried to anchor near the shore, the current dragged the boat into the reef.

The hull cracked. The propeller bent. The engine wouldn’t start. They had to be rescued. The boat was eventually towed back—damaged and barely usable.

Toma was furious. He demanded Jonah pay for the repairs—nearly $2,000. Jonah didn’t think he should. “I didn’t mean to break it,” he said. “It was the weather.”

So... who’s right?

What Does the Law Say?

In everyday island life, borrowing without paperwork is normal. But when things go wrong, the law gets involved—and the rules aren’t always what people expect.

Here’s what you need to know:

1. Borrowing Is a Type of Verbal Contract

Even without signing anything, a verbal agreement like “you can use my boat” can still be legally binding. The law recognizes this as a bailment—one person (the borrower) accepts to use another person’s property with a duty to return it in the same condition.

Key rule: If you borrow something, you must take reasonable care of it.

2. Weather is Not Always a Defense

People often assume natural events excuse damage. But courts ask:

Did the borrower take all reasonable precautions?
Could the accident have been prevented?
Was the borrower negligent in any way?

If Jonah ignored storm warnings or didn’t anchor properly, he could be liable, even if it rained.

3. The Owner Has a Right to Compensation

If the item is returned damaged and it wasn’t normal wear and tear, the owner can legally demand:

The cost of repairs
Replacement value if the damage is beyond repair

In court, Toma would need to prove the damage wasn’t just an accident but due to Jonah’s failure to take care.

4. “Cousin” Doesn’t Cancel the Law

Many disputes never make it to court because of family ties. But if it does, the relationship doesn’t change liability. The court will treat the matter like any other civil claim.