Commentary

150 Restoration, conservation and cleaning

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

150 Restoration, conservation and cleaning

BAILMENT vol 3(1) | Commentary

150 Restoration, conservation and cleaning

Many out-loan agreements unconditionally prohibit the borrower from performing any physical work on the object, beyond that strictly necessary for transport and display, even where such work might be intended to improve the object. Such prohibitions probably do no more than reflect the position at common law, where an unauthorised interference with the physical integrity of the object may constitute a tort1 or breach of bailment, or even a breach of an implied term of the loan agreement. There is a possible exception at common law for work performed in an emergency2,

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