Commentary

38 Duties of the lessor

BAILMENT vol 3(1)
| Commentary

38 Duties of the lessor

| Commentary

38 Duties of the lessor

By statute, certain implied terms protect the hirer’s security in the goods. A relevant contract for the hire of goods1 contains:

  1. 38.1

        an implied condition on the part of the lessor2 that in the case of a bailment he has the right to transfer possession of the goods by way of hire, and in the case of an agreement to bail that he will have such a right at the time of the bailment3; and

  2. 38.2

        an implied warranty by the lessor that the hirer4 will have quiet possession of the goods for the period

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