Rights of unpaid seller:
(i) Rights of unpaid seller against goods.
(ii) Rights of unpaid seller against the buyer.
(I) Right of un paid seller against the goods:
Against the goods the unpaid seller has the following. Rights.
(a) Right of lien:
Lien is the right to retain possession and refuse to deliver them to the buyer until the price due in respect of them is paid to the buyer.
Circumstances when right can be exercised:
Following are the circumstances when right of lien can be exercised.
(i) Where the goods have been sold without any stipulation.
(ii) Where the goods have been sold on credit, but the term of the credit has expired.
(iii) Where the buyer becomes insolvent, even though the period of credit may not have yet expired.
Termination of right of lien:
Under the following circumstances unpaid seller loses his right of lien.
(i) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of goods.
(ii) When the possession of goods is obtained lawfully by the buyer or his agent.
(iii) When the seller waives his right of lien on goods.
(iv) When buyer further sells the goods.
(b) Right of stoppage of goods in transit:
Unpaid seller has right to stope the goods in transit.
Conditions:
Following are the conditions
(i) The seller must be unpaid.
(ii) Goods must be in transit.
(iii) Property has passed to the buyer.
(iv) Buyer is insolvent.
Modes of stoppage:
Following are the modes of stoppage:
(i) By taking possession of the goods.
(ii) By giving notice of his claim to the carried or other bailee in whose possession the goods are
(c) Right of resale:
Unpaid seller can resale the goods:
Conditions:
(a) Goods should be of perishable nature.
(b) Right of resale should be expressed in contract.
(c) Buyer has not paid.
(d) Buyer has received the notice from seller.
(II) Rights of unpaid seller against buyer:
He has right against buyer and have following remedies.
(i) Suit for price:
Where property has passed to the buyer, and the buyer wrongfully refuses or neglect to pay for the goods, the seller may sue him for the price of the goods.
(ii) Suit for repudiation:
If buyer repudiates the contract before the date of the delivery the seller may treat the contract as subsisting and wait till the date of delivery or may tread the contract as rescinded and sue for damages for breach.
(iii) Suit for damages for non-acceptance:
If buyer refused to accept and pay for the goods the seller has right to sue for damages for non-acceptance.
(iv) Suit for interest and special damages:
Unpaid seller can recover the interest on the unpaid price. He can also sue for special damages.
(i) Rights of unpaid seller against goods.
(ii) Rights of unpaid seller against the buyer.
(I) Right of un paid seller against the goods:
Against the goods the unpaid seller has the following. Rights.
(a) Right of lien:
Lien is the right to retain possession and refuse to deliver them to the buyer until the price due in respect of them is paid to the buyer.
Circumstances when right can be exercised:
Following are the circumstances when right of lien can be exercised.
(i) Where the goods have been sold without any stipulation.
(ii) Where the goods have been sold on credit, but the term of the credit has expired.
(iii) Where the buyer becomes insolvent, even though the period of credit may not have yet expired.
Termination of right of lien:
Under the following circumstances unpaid seller loses his right of lien.
(i) When he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of goods.
(ii) When the possession of goods is obtained lawfully by the buyer or his agent.
(iii) When the seller waives his right of lien on goods.
(iv) When buyer further sells the goods.
(b) Right of stoppage of goods in transit:
Unpaid seller has right to stope the goods in transit.
Conditions:
Following are the conditions
(i) The seller must be unpaid.
(ii) Goods must be in transit.
(iii) Property has passed to the buyer.
(iv) Buyer is insolvent.
Modes of stoppage:
Following are the modes of stoppage:
(i) By taking possession of the goods.
(ii) By giving notice of his claim to the carried or other bailee in whose possession the goods are
(c) Right of resale:
Unpaid seller can resale the goods:
Conditions:
(a) Goods should be of perishable nature.
(b) Right of resale should be expressed in contract.
(c) Buyer has not paid.
(d) Buyer has received the notice from seller.
(II) Rights of unpaid seller against buyer:
He has right against buyer and have following remedies.
(i) Suit for price:
Where property has passed to the buyer, and the buyer wrongfully refuses or neglect to pay for the goods, the seller may sue him for the price of the goods.
(ii) Suit for repudiation:
If buyer repudiates the contract before the date of the delivery the seller may treat the contract as subsisting and wait till the date of delivery or may tread the contract as rescinded and sue for damages for breach.
(iii) Suit for damages for non-acceptance:
If buyer refused to accept and pay for the goods the seller has right to sue for damages for non-acceptance.
(iv) Suit for interest and special damages:
Unpaid seller can recover the interest on the unpaid price. He can also sue for special damages.
0 comments:
Post a Comment