Pam,

There may be compelling reasons to use both forms.  What is the difference between a loan and temporary custody at your institution?  It could be argued that a loan is for the benefit of the organization receiving it, whereas temporary custody benefits the "lender."  This is an important matter because it helps define the rights and responsibilities of parties in a bailment situation.

Of course, it's not so simple.  Obviously both parties "benefit" in some way from each arrangement, just as both parties' rights and obligations are implicated.  But I would recommend, before making a rash decision, that you speak with your museum's counsel.

I'm all for simplifying things but, as Einstein said, "make things as simple as possible, but no simpler." 

Robert Vosburgh, Jr., Esq.
Associate Professor
Museum Communication
The University of the Arts


-----Original Message-----
From: Pamela Carter <[log in to unmask]>
To: [log in to unmask]
Sent: Tue, 9 Dec 2008 4:39 pm
Subject: Temporary Custody v. Loan Forms

Right now our historical center has both a loan form and a temporary custody form. For simplicity's sake and because the temporary custody form has in the past been used when a loan form should have been used, we are considering doing away with the temp. custody form. It seems like the loan form could cover all temporary custody situations. Are there compelling reasons we should use both forms? Thank you.
 
Pam Carter Carlisle

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