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Commentary

39.4 Return of goods

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

39.4 Return of goods

BAILMENT vol 3(1) | Commentary

39.4 Return of goods

The hirer owes a duty to return the goods, which duty is independent from the duty to take reasonable care of them1. In accordance with this duty, he may be liable for the cost of recovering the goods after an unforeseen event which did not involve fault on his part2. The hirer is not responsible, however, where the unforeseen event stems from the lessor’s fault3 or is extreme enough to frustrate the contract4, or where the contract provides otherwise5.

The hirer must make the goods available for

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