Victorian Consolidated Legislation

Goods Act 1958 - SECT 68

Further provisions with respect to mercantile agents

68. Further provisions with respect to mercantile agents

For the purposes of this Part-

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

   (b)  a mercantile agent entrusted as such agent and possessed of the
        documents of title to goods whether derived immediately from the owner
        of such goods or obtained by reason of such agent's 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 such documents;

   (c)  an agent shall be deemed to be possessed of goods or documents of
        title to goods whether the same are in his actual custody or control
        or are held by any other person subject to his control or for him or
        on his behalf;

   (d)  any contract whether made directly with an agent or with any clerk or
        other person on his behalf shall be deemed to be a contract with the
        agent;





   (e)  a pledge of the documents of title to goods shall be deemed to be a
        pledge of the goods represented by such documents;

   (f)  where any loan or advance is bona fide made to a mercantile agent
        entrusted as aforesaid on the faith of any contract or agreement in
        writing to consign deposit transfer or deliver goods or documents of
        title to goods and such goods or documents are actually received by
        the person making such loan or advance without notice that such agent
        was not authorized to make such pledge every such loan or advance
        shall be deemed to be a loan or advance on the security of such goods
        or documents within the meaning of this Part although such goods or
        documents are not actually received by the person making such loan or
        advance till a period subsequent thereto;

   (g)  the transfer of a document of title to goods may be made 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.