| Commentary

130 Insurance

| Commentary

130 Insurance

Bailees normally owe no duty to insure the goods bailed to them1. A duty to insure does not ordinarily arise as part of the bailee’s general duty of care in tort or bailment, nor would such a duty ordinarily be implied on grounds of business efficacy as a term of the contract2 between bailor and bailee3. A duty to insure might exceptionally be implied into particular contracts on grounds of trade custom4 or business efficacy, and Canadian authority indicates that a duty to insure might arise over goods of exceptional value5. But there is no direct authority recognising

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