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Commentary

35.3 Delegation and deviation

BAILMENT vol 3(1)
| Commentary

35.3 Delegation and deviation

| Commentary

35.3 Delegation and deviation

The bailee’s duties are normally personal to him and cannot be delegated to a third party without the bailor’s consent1. Such consent may occasionally be implied, but in most cases it must be express2. It may be given before or after3 the bailment arises. In determining whether a delegation is permitted, the nature, language and object of the contract and its attendant circumstances may be taken into account4. A bailee who deviates from the essential terms of the bailment (as by entrusting the task to a third party, or

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