General Finance Corp. v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting legislature did not set out safeguards or precautions with specificity, but finding by implication that secured party has “duty to take those precautions ... necessary at the time to avoid a breach of the peace”
• the statutory responsibility to repossess collateral without breach of the peace is a nondelegable duty, the violation of which rendered the finance company liable for the debtor's damages
• the statutory responsibility to repossess collateral without breach of the peace is a nondelegable duty, the violation of which rendered the finance company liable for the debtor’s damages

Source: CourtListener parenthetical corpus (CC0).