Commentary

104 Providing in advance—termination clause

BAILMENT vol 3(1)
| Commentary

104 Providing in advance—termination clause

| Commentary

104 Providing in advance—termination clause

The uncertainty involved in determining the status and remedial consequences of a term under general principles argue strongly for an express designation of terms within the agreement, or for an explicit cataloguing of the remedies available on breach. Some loan agreements prefer to avoid any express characterisation of their terms, in favour of a direct spelling out of the action that the bailor can take in the event of breach. For example, the agreement might state that the breach of certain obligations shall cause the agreement to terminate automatically, while the breach of other obligations

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