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Moveable Transactions (Scotland) Act 2023
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- Liability for loss due...
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Liability for loss due to enforcement
79Liability for loss suffered by virtue of enforcement
(1)A person (“P”) is entitled to be compensated by a secured creditor for loss suffered in consequence of the secured creditor’s failure to comply with any obligation imposed on the secured creditor by any provision of sections 64 to 78.
(2)But the secured creditor has no liability under subsection (1)—
(a)in so far as P’s loss could have been avoided had P taken measures which it would have been reasonable for P to take, or
(b)in so far as P’s loss was not reasonably foreseeable.
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