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Subject:
From:
"David E. Haberstich" <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Mon, 10 Jan 2000 22:51:09 EST
Content-Type:
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I'm no lawyer, and not even a registrar, but it seems to me that there is in
fact no loan if an object has not been placed physically in a borrower's
custody.  In other words, this seems to be a non-issue.  If the would-be
lender refuses to stop wanting to lend you the object, that's his problem,
not yours.  All that has happened thus far, if I understand the situation, is
that an agreement to lend the object was made.  If one party or the other
changes his/her/its mind, and the borrower refuses to accept the loan and
sign for it, there is no loan to be terminated.  Just forget the whole thing.

One caveat: Has the would-be lender gone to any trouble or expense in
anticipation of the loan, for which he might try to hold you liable?  What is
his motivation in insisting that the loan take place?  Has he advertised the
idea that his object was going to be placed on exhibition in your museum, and
now he's afraid of embarrassment?   You might want to find out what his
problem is and try to smooth it over.

David Haberstich

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