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FACTORS ACT 1889 - SECT 12

Saving for rights of true owner.

12.(1) Nothing in this Act shall authorise an agent to exceed or depart from
his authority as between himself and his principal, or exempt him from any
liability, civil or criminal, for so doing.

(2) Nothing in this Act shall prevent the owner of goods from recovering the
goods from an agent or his trustee in bankruptcy at any time before the sale
or pledge thereof, or shall prevent the owner of goods pledged by an agent
from having the right to redeem the goods at any time before the sale thereof,
on satisfying the claim for which the goods were pledged, and paying to the
agent, if by him required, any money in respect of which the agent would by
law be entitled to retain the goods or the documents of title thereto, or any
of them, by way of lien as against the owner, or from recovering from any
person with whom the goods have been pledged any balance of money remaining in
his hands as the produce of the sale of the goods after deducting the amount
of his lien.

(3) Nothing in this Act shall prevent the owner of goods sold by an agent from
recovering from the buyer the price agreed to be paid for the same, or any
part of that price, subject to any right of set off on the part of the buyer
against the agent.


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© 1889 Crown Copyright

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