FACTORS (MERCANTILE AGENTS) ACT 1923 - SECT 6 Presumptions

FACTORS (MERCANTILE AGENTS) ACT 1923 - SECT 6

6 Presumptions

For the purposes of this Act:

(1) a mercantile agent in possession of goods or of the documents of title to goods shall be deemed to have been entrusted with the goods or documents as such agent until the contrary is shown,

(2) a mercantile agent entrusted as such agent and possessed of the documents of title to goods whether derived immediately from the owner of the goods or obtained by reason of the agent having been entrusted with the possession of the goods or of any other document of title thereto shall be deemed to be entrusted with the possession of the goods represented by the documents,

(3) an agent shall be deemed to be possessed of goods or documents of title to goods whether the same are in the agent's actual custody or control or are held by any other person subject to the agent's control or for the agent or on the agent's behalf,

(4) any contract whether made directly with an agent or with any clerk or other person on the agent's behalf shall be deemed to be a contract with the agent,

(5) a pledge of the documents of title to goods shall be deemed to be a pledge of the goods represented by the documents,

(6) where any advance is bona fide made to a mercantile agent entrusted as such agent on the faith of an agreement in writing to consign deposit transfer or deliver goods or documents of title to goods, and the goods or documents are actually received by the person making the advance without notice that the agent was not authorised to make the pledge, the advance shall be deemed to be an advance on the security of the goods or documents within the meaning of this Act, although the goods or documents are not actually received by the person making the advance until after the advance is made,

(7) the transfer of a document of title to goods may be by indorsement, or where the document is by custom or by its express terms transferable by delivery, or makes the goods deliverable to bearer, then by delivery.