Commentary

127 Duty to exhibit

BAILMENT vol 3(1)
| Commentary

127 Duty to exhibit

| Commentary

(f) Duties in relation to borrowed objects

127 Duty to exhibit

There appears to be no general obligation on a borrowing museum to exhibit the borrowed object1. A term to that effect might be implied if it can be shown to be essential to the commercial efficacy of the agreement2. But even where the bailment has the necessary character of a contract, there may be no certainty that the implication of such a term is essential to its business efficacy, or even that business efficacy is an appropriate test in a bailment of this type3

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