Secured Transactions Act · s 85

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s 85Damages

(1)

If a person fails to discharge any duty or obligation imposed by this Act, the person to whom the duty or obligation is owed and any other person who can reasonably be expected to rely on performance of the duty or obligation shall have a right to recover damages for any loss or damage that was reasonably foreseeable as likely to result from the failure.

(2)

Nothing in subsection (1) shall limit or affect any liability that a person may incur under any written law other than this Act.

(3)

In addition to the damages recoverable under subsections (1)

and (2), the person who registered a financing statement without authorisation of the debtor shall be responsible to pay to the debtor damages.