Source: 5)c)i)2m,Sept20252 Marks
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Question Scenario

State with reference to the provisions of the Indian Contract Act, 1872 whether the following are True or False with justification: i) The pledge of documents of title to goods by a mercantile agent with the consent of an owner is invalid pledge.

Estimated Writing Time: 3 mins Try in Practice Mode

Suggested Answer

The given statement is False.\nJustification: According to Section 178 of the Indian Contract Act, 1872, a mercantile agent, who is in the possession of goods or document of title, with the consent of owner, can pledge them while acting in the ordinary course of business as a Mercantile Agent.\nProvided such Pledge shall be valid as if were made with the authority of the owner of goods and the Pawnee has acted in good faith and has no notice that the Pawnor has no authority to pledge.

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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