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Rights of an Unpaid Seller. Definition of Unpaid Seller He must be unpaid and the price must be due Right of action A bill of exchange dishonoured.

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Presentation on theme: "Rights of an Unpaid Seller. Definition of Unpaid Seller He must be unpaid and the price must be due Right of action A bill of exchange dishonoured."— Presentation transcript:

1 Rights of an Unpaid Seller

2 Definition of Unpaid Seller He must be unpaid and the price must be due Right of action A bill of exchange dishonoured

3 Rights of Unpaid Seller Against the goods Against the buyer

4 Rights of Unpaid Seller Against the goods Where the property in goods is not transfered -Right of lien Conditions -Must have possession of goods -Must not expressly exclude the right of lien -Only for the price -Part delivery of goods

5 Rights of Unpaid Seller Against the goods Contd Court decree for price Termination of lien -Delivers the goods to carrier for transmission to buyer -Buyer obtains possession Right of stoppage in transit -When the buyer becomes insolvent -When goods are in transit

6 Rights of Unpaid Seller Against the goods Contd -Duration of transit When it comes to an end -Buyer or agent obtains delivery -When the carrier acknowledges that he his holding for the buyer How it operates? -By actual possession of goods -Giving notice to the carrier

7 Rights of Unpaid Seller Against the goods Contd Notice of stopping -To the person in possession -To the principal Distinction between right of lien and right of stoppage in transit -Right to stoppage only when insolvent -Right of lien only in actual possession or constructive possession. Right to stoppage when goods are with middle men

8 Rights of Unpaid Seller Against the goods Contd Right of re-sale -Where goods are of perishable nature -Gives notice to buyer When property in goods are transferred -Right to withhold -Right to stoppage in transit

9 Rights of Unpaid Seller Against the buyer personally Suit for price Suit for damages for non-acceptance Breach of Contract Suit for interest

10 Rights of Buyer Suit for damages Suit for specific performance Suit for breach of warranty Suit for repudiation of contract Suit for interest


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