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