Commentary

193 Cultural objects subject to judicial action while on loan overseas

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

193 Cultural objects subject to judicial action while on loan overseas

BAILMENT vol 3(1) | Commentary

(g) Overseas import laws and other laws that threaten seizure

193 Cultural objects subject to judicial action while on loan overseas

If a cultural object is seized or arrested by judicial action while overseas, and the loan agreement makes no provision for that event, the distribution of liability between lender and borrower could be problematic and costly to resolve. The borrower would not necessarily incur liability by failing to return the object on the demand of the lender. A claim for damages by the lender, relying on such failure, could be defended on the ground of frustration of contract1, or could

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