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FACTORS ACT 1889 - SECT 9

Disposition by buyer obtaining possession.

9. Where a person, having bought or agreed to buy goods, obtains with the
consent of the seller possession of the goods or the documents of title to the
goods, the delivery or transfer, by that person or by a mercantile agent
acting for him, of the goods or documents of title, under any sale, pledge, or
other disposition thereof, or under any agreement for sale, pledge, or other
disposition thereof, to any person receiving the same in good faith and
without notice of any lien or other right of the original seller in respect of
the goods, shall have the same effect as if the person making the delivery or
transfer were a mercantile agent in possession of the goods or documents of
title with the consent of the owner.

(i)the buyer under a conditional sale agreement shall be deemed not to be a
person who has bought or agreed to buy goods, and

(ii)"conditional sale agreement" means an agreement for the sale of goods
which is a consumer credit agreement within the meaning of the Consumer Credit
Act 1974 under which the purchase price or part of it is payable by
instalments, and the property in the goods is to remain in the seller
(notwithstanding that the buyer is to be in possession of the goods) until
such conditions as to the payment of instalments or otherwise as may be
specified in the agreement are fulfilled.]

© 1889 Crown Copyright

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