Commentary

129.1 Defining the standard of care in the agreement

BAILMENT vol 3(1)
| Commentary

129.1 Defining the standard of care in the agreement

| Commentary

129 Standard of care in the loan agreement

129.1 Defining the standard of care in the agreement

Many museum agreements expressly define the abstract standard of care required of the borrower1. Within the limits imposed by the general law2, the duty may be pitched as high or as low as the parties agree. In theory the terms of the agreement might impose strict liability for the safety and security of the object, rendering it immaterial whether the borrower exercised due diligence, or reasonable care, or best endeavours, to guard against the particular misadventure. In practice, however, agreed definitions of standards of

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