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Rights & duties of a

Pledgor & Pledgee


Rights of Pledgee
• Disclose any defects or faults in the goods
pledged which are within his knowledge.
• To claim any damages suffered.
• A pledgee’s rights are not limited to his
interests in the pledged goods.
• Pawnee’s right of retainer.
• To recover any extraordinary expenditure
incurred for the preservation of goods
pledged.
Duties of a Pledgee
• The pledgee is required to take as much care
of the goods.
• The pledgee must not put the goods to an
unauthorized use.
• The pledgee is bound to return the goods on
payment of the debt.
• Any accruals to the goods pledged belong to
the pledgor and should be delivered
accordingly.
Duties of a pledgor
• He must disclose to the pledgee any material
faults or extraordinary risks in the goods to
which the pledgee may be expose.
• He is responsible to meet any extraordinary
expenditure incurred by the pledgee for the
preservation of the goods.
• Where the pledgee has exercised his right of
sale of goods, any shortfall has to be made
good by the pledgor.
• He is liable for any loss caused to the pledgee
because of defects in his title to the goods.
Right of a pledgor
• The pledgor has a right to claim back the
security pledged on repayment of the debt
with interest and other charges.
• He has a right to receive a reasonable notice
in case the pledgee intends to sell the goods,
and in case he does not receive the notice he
has a right to claim any damages that may
result.
• In case of sale, the pledgor is entitled to receive
from the pledgee any surplus that may remain
with him after the debt is completely paid off.
• The pledgor has a right to claim any accruals to
the goods pledged.
• If any loss is caused to the goods because of
mishandling or negligence on the part of the
pledgee, the pledgor has a right to claim the
same.

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