Commentary

100 Substitution of works

BAILMENT vol 3(1)
| Commentary

100 Substitution of works

| Commentary

100 Substitution of works

It is not uncommon for multiple loans of works by a single lender to provide for substitution in the event that particular works become unavailable. Such provision may specify the substitute works in advance, or enable the lender to substitute at its discretion works of similar quality, character, period or value.

In drafting provisions of the latter type it is prudent to prescribe some means of verifying the status of the work offered in substitution and its satisfaction of the prescribed criteria. This might be done by delegating the task of substitution to a neutral third

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