Commentary

108.2 Implied terms

BAILMENT vol 3(1)
| Commentary

108.2 Implied terms

| Commentary

108.2 Implied terms

Where the bailment contains no enforceable express terms as to the bailee’s security of tenure, the bailee’s rights against the bailor in the event of a third party claim depend on the nature of the bailment. If the bailment qualifies as one of hire1, statute implies two terms in the bailee’s favour. In a relevant contract for the hire of goods2 there is:

  1. 108.2.1

        an implied condition on the part of the bailor that in the case of a bailment he has a right to transfer possession of the goods by way of hire for the period

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