Commentary

181 Third party claims

BAILMENT vol 3(1)
| Commentary

181 Third party claims

| Commentary

181 Third party claims

Of course, no advance agreement can directly determine the jurisdiction of the court to hear a claim by a stranger to the agreement, such as a claim in conversion brought by a third party who claims a better right to possession of the object than either lender or borrower. That will be determined by general principles. The best safeguard for the defendant to such a claim would be an anti-seizure statute in force within the jurisdiction, but such statutes are rare and none has been enacted in the United Kingdom1. The parties to the

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