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In force2020 Revised Edition

Part 3 · Rights and Obligations When Goods Are Pawned

58. Protection from liability when pawnbroker acts according to section 57

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(1)

Subject to subsection (2), a pawnbroker is not liable to any person for any loss or damage suffered as a result of the pawnbroker allowing or refusing, in accordance with section 57, the redemption of a pledge.

(2)

Subsection (1) does not exclude a pawnbroker’s liability (if any) to the rightful owner of goods pawned without the owner’s authority, unless the pawnbroker has, before taking possession of the goods as a pledge, taken reasonable steps to satisfy itself that the pawner was the rightful owner of the goods or had the authority to pawn them.

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