Commentary

94.1 Museum bailments as contracts

BAILMENT vol 3(1)
| Commentary

94.1 Museum bailments as contracts

| Commentary

94 Nomenclature and classification

94.1 Museum bailments as contracts

While it is common for museum agreements and other documentation to designate transfers of possession as loans, many such deliveries are not strictly loans but some other form of bailment1. The true chattel loan is a gratuitous bailment that benefits only one party, viz the borrower and bailee2. The lender derives no advantage from the bailment, and grants possession solely as a favour to the borrower3. It follows that the simple lending of a chattel involves no contract at common law4, because the borrower supplies no consideration5.

While the orthodox language of lending

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