Commentary

94.2 Consequences of contract

BAILMENT vol 3(1)
| Commentary

94.2 Consequences of contract

| Commentary

94.2 Consequences of contract

A contractual bailment attracts the general principles of the law of contract as well as those of bailment1. These include the normal principles by which contracts are interpreted and construed2. Important substantive consequences may also follow, causing the legal effect of the relationship to differ from that of a simple gratuitous bailment by way of commodatum3. For example, express promises by the bailor4 are plainly binding when supported by contract5, while their enforcement under a gratuitous loan is at best controversial6. Terms can be implied into a contract of bailment at common law7, while their implication

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