Commentary

102.1 Loan, contract or hiring?

BAILMENT vol 3(1)
| Commentary

102.1 Loan, contract or hiring?

| Commentary

102 Early termination by bailor

102.1 Loan, contract or hiring?

Where the agreement specifies a fixed original term, the binding force of that agreement may depend on the legal nature of the bailment. We have already seen that the bailment may be a pure loan for the sole benefit of the borrower, and therefore not a contract, or a contractual bailment supporting reciprocal promises. In either event it is not difficult to imagine the difficulties that an early withdrawal of the work by the lender may cause to the borrower1.

Where the bailment is supported by contract, the bailor must honour the

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