Commentary

60.1 Activating the power

BAILMENT vol 3(1)
| Commentary

60.1 Activating the power

| Commentary

60 Sale without court authority

60.1 Activating the power

The Torts (Interference with Goods) Act 1977 Section 12(3) gives a general power of sale over goods bailed after the commencement of the Act1. To activate the power, the bailee must show:

  1. 60.1.1

        that the terms of the bailment do not provide to the contrary2;

  2. 60.1.2

        that goods are in the possession or under the control of the bailee3; and

  3. 60.1.3

        that some actual or notional date for redelivering the goods to the bailor has passed. The bailee may satisfy this requirement by showing

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