Commentary

25 Withdrawal of chattel before expiry of agreed term

BAILMENT vol 3(1)
| Commentary

25 Withdrawal of chattel before expiry of agreed term

| Commentary

25 Withdrawal of chattel before expiry of agreed term

Consistently with the rejection of the contractual view of loans1, there is doubt as to whether a lender is bound by any superadded promise, such as a promise to allow the borrower to use the chattel for a set term2. The orthodox view is that the lender’s promise is unenforceable because the borrower gives no consideration for it3. This view may be questioned, because it implies a rejection of the theory that gratuitous bailments are a legally distinct concept, capable of giving rise to duties

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