Commentary

117 Personal possession and deviation from the bailment

BAILMENT vol 3(1)
BAILMENT vol 3(1) | Commentary

117 Personal possession and deviation from the bailment

BAILMENT vol 3(1) | Commentary

(c) Possession

117 Personal possession and deviation from the bailment

Lending museums will normally wish to ensure that the borrowing museum retains possession of the object and does not vacate that possession in favour of others1. The normal rule governing a bailment of goods is that the bailee has no authority to sub-bail unless such authority is expressly conferred or can be necessarily implied in the circumstances2. Museum loans that are unvaried by express terms seem to fall within the general rule3. A bailee who, in breach of the bailment, allows a third party to have possession commits a deviation from

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