CAIIB · BRBL

Contract of Pledge & Agency

Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for Banking Regulations and Business Laws — CAIIB.

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Q

What is a contract of pledge under the Indian Contract Act, 1872?

A

A pledge is a bailment of goods as security for payment of a debt or performance of a promise, where the bailor is called the pledgor and the bailee is called the pledgee.

Q

What is the right of a pawnee to sell pledged goods on default?

A

Pawnee may sell after giving reasonable notice to pawnor.

Q

Under what section of the Indian Contract Act is pledge defined?

A

Pledge is defined under Section 172 of the Indian Contract Act, 1872.

Q

Under which section of the Indian Contract Act can a pawnee sue the pawnor for the debt?

A

Section 176 allows pawnee to sue and retain goods as collateral.

Q

Who is a pawnor and who is a pawnee in a contract of pledge?

A

The person who delivers goods as security for a debt is called the pawnor, and the person to whom goods are delivered as security is called the pawnee.

Q

What is the pawnor's right to redeem goods before sale by the pawnee?

A

Pawnor can redeem at any time before actual sale of goods.

Q

What right does a pawnee have if the pawnor defaults on the loan?

A

As per Section 176, on default the pawnee may sue the pawnor for the debt or sell the pledged goods after giving the pawnor reasonable notice of the sale.

Q

What happens when a pawnee sells pledged goods at a price lower than the debt?

A

Pawnee can sue pawnor for the remaining deficiency amount.

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