Special Part, Illustration. (4)

If a pledgee with power of sale sells the pledge without the conditions being satisfied on which the power of sale is exerciseable, or a hirer of goods pledges them for his own debt, or a bailee without the bailor’s consent lends the goods in his custody to a third person, these and the like acts are trespasses.

Mistake does not generally excuse trespass.47. Interference with the property of another is not excused by mistake even in good faith as to the ownership or the right of possession, or by an intention to act for the true owner’s benefit:

Immunity of certain ministerial actions. Provided that a carrier or other person using the carriage or custody of goods as a public employment does not commit a trespass by dealing with goods in the ordinary way of that employment and solely by the direction and on behalf of a person who delivers those goods to him for that purpose and whom he in good faith believes to be entitled to deal with those goods:

Provided also that a workman or servant does not commit a trespass by dealing with any property in the ordinary way of his employment and in a manner authorized as between himself and his employer and which he in good faith believes his employer to be entitled to authorize.