If the pawnor defaults, Section 176 entitles the pawnee to:
ABring a suit on the debt and either retain pledged goods as collateral or sell them after reasonable notice
BImmediately transfer ownership of the pledged goods to himself without notice
CDestroy the pledged goods to prevent any future claim
DRefuse to return any surplus from a sale of pledged goods
Answer & Solution
Correct answer: A. Bring a suit on the debt and either retain pledged goods as collateral or sell them after reasonable notice
1. Section 176 gives the pawnee two remedies on default.
2. First, sue on the debt while retaining pledged goods as collateral security.
3. Second, sell the pledged goods after giving reasonable notice; surplus must be returned to the pawnor.
_Source: ICMAI BoS CMA Foundation Paper 1 (Business Laws), Module 2 §2.7 (Indemnity/Guarantee/Pledge/Agent), p. 91-99_
Related questions
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