Revised Laws of Saint Lucia (2021)

CHAPTER 1
DISPOSITIONS BY MERCANTILE AGENTS

241.   Powers of mercantile agent with respect to disposition of goods

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    (1)   Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition of the goods, made by him or her when acting in the ordinary course of business of a mercantile agent, shall, subject to the provisions of this Title be as valid as if he or she were expressly authorised by the owner of the goods to make the same: Provided that the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has no authority to make the same.

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    (2)   Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition, which would have been valid if the consent had continued, shall be valid notwithstanding the determination of the consent: Provided that the person taking under the disposition has not at the time thereof notice that the consent has been determined.

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    (3)   Where a mercantile agent has obtained possession of any documents of title to goods by reason of his or her being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other document of title to the goods, his or her possession of the first-mentioned documents shall, for the purposes of this Title, be deemed to be with the consent of the owner.

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    (4)   For the purposes of this Title the consent of the owner shall be presumed in the absence of evidence to the contrary.