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FACTORS ACT 1889 - SECT 2

2.(1) Where a mercantile agent is, with the consent of the owner, in
possession of goods or of the documents of title to goods, any sale, pledge,
or other disposition of the goods, made by him when acting in the ordinary
course of business of a mercantile agent, shall, subject to the provisions of
this Act, be as valid as if he were expressly authorised by the owner of the
goods to make the same; provided that the person taking under the disposition
acts in good faith, and has not at the time of the disposition notice that the
person making the disposition has not authority to make the same.

(2) Where a mercantile agent has, with the consent of the owner, been in
possession of goods or of the documents of title to goods, any sale, pledge,
or other disposition, which would have been valid if the consent had
continued, shall be valid notwithstanding the determination of the consent:
provided that the person taking under the disposition has not at the time
thereof notice that the consent has been determined.

(3) Where a mercantile agent has obtained possession of any documents of title
to goods by reason of his being or having been, with the consent of the owner,
in possession of the goods represented thereby, or of any other documents of
title to the goods, his possession of the first-mentioned documents shall, for
the purposes of this Act, be deemed to be with the consent of the owner.

(4) For the purposes of this Act the consent of the owner shall be presumed in
the absence of evidence to the contrary.

© 1889 Crown Copyright

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