This preview shows page 1. Sign up to view the full content.
Unformatted text preview: ed by the secured party which is reasonably
convenient to both parties. Without removal a secured party may render equipment
unusable, and may dispose of collateral on the debtor's premises under s. 679.504.
(Emphasis supplied). In Northside Motors of Florida, Inc. v. Brinkley, 282 So. 2d 617,
624-25 (Fla. 1973), the supreme court considered the implications of this provision and
We emphasize that the creditor may not use self-help techniques which would result in a
breach of the peace. Such methods would expose the creditor to tort liability and would
also expose him to liability under [**4] Florida Statute 679.507, F.S.A.
In Percifield v. State, supra, this Court held that the creditor could repossess property sold
under a conditional sales contract without resorting to legal process only if he could do so
without committing an unlawful trespass or other breach of the peace. The creditor may
not exert wrongful pressure upon the debtor to obtain repossession of the secured items.
He has no right to use force and enjoys no immunity. He acts at his peril, and exposes 24 himself to severe potential liability, including liability for punitive damages. Buie v.
Barnett First National Bank of Jacksonville, 266 So. 2d 657 (Fla. 1972).
At issue here is whether a creditor can avoid liability by hiring an independent contractor
to accomplish the repossession. We conclude not, and in doing so approve and adopt the
opinion of the Court of Appeals of Minnesota on this issue. In Nichols v. Metropolitan
Bank, 435 N.W.2d 637 (Minn. Ct. App. 1989), the court declared:
A principal generally is not liable for physical harm to another caused by an independent
contractor's acts or omissions. See Conover v. Northern States Power Co., 313 N.W.2d
397, 403 (Minn.1981). [**5] However, even if R.J. Control Service was an independent
contractor, the Bank still may be liable for the Nichols' alleged damages if repossession
of the Nichols' automobile by the Bank involved a...
View Full Document
This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08