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CHAPTER IX OF BAILMENT · Bailments of pledges

Section 178: Pledge by mercantile agent

The Indian Contract Act, 1872

1[Where a mercantile agent is, with the consent of the owner, in possession of goods or the document of title to goods, any pledge made by him, when acting in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the pawnee acts in good faith and has not at the time of the pledge notice that the pawnor has not authority to pledge.

Explanation.—In this section, the expressions “mercantile agent” and “documents of title” shall have the meanings assigned to them in the Indian Sale of Goods Act, 1930 (3 of 1930).

Footnotes in the official text

  1. 1.Ss. 178 and 178A subs. by Act 4 of 1930, s. 2, for the original s. 178.

Questions on this section

1 question in 1 of our papers cite Section 178. Try these from the free papers:

  1. 1. The Explanation to Section 178 of the Indian Contract Act, 1872 adopts the meaning of 'mercantile agent' given in the Sale of Goods Act, 1930. Under Section 2(9) of that Act, a mercantile agent has, in the customary course of business as such agent, authority to do each of the following EXCEPT to:

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