Commentary on Sections Part 2 – Security over Moveable Property Liability for loss due to enforcement Section 79 – Liability for loss suffered by virtue of enforcement
343.This section imposes liability on the secured creditor for failing in any duty imposed by the Act on the creditor in relation to the enforcement of a possessory or statutory pledge.
344.Subsection (2) restricts liability in the specified cases, but does not exclude liability for non-patrimonial loss. The effect is that there may be circumstances where compensation for pain and suffering (solatium) could be claimed (for example, by the provider following the taking of possession of a houseboat which constituted the family home in an unlawful manner).