UNPAID
SELLER
Unpaid seller is a
person who has not received the payment or consideration. A seller of goods is supposed to be an unpaid
seller when :-
(a) The whole price of
consideration has not been paid.
(b) A
bill of exchange or other regotiable instrument has been received as a conditional
point and it has been dishonoured.
RIGHTS OF UNPAID SELLER
The
rights of unpaid seller can be divided in two parts :-
(a) Rights against the
goods.
(b) Rights against the
buyer.
(a) RIGHT AGAINST THE
GOODS :-
(i) Rights of lien
(ii) Right
of stoppage in transit
(iii) Right
of Resale
(b) RIGHT AGAINST THE
BUYER :-
(i) Rights
to sue for price, when property has been passed.
(ii) When
property has not passed :-
(i) Sue
for price, when price payable on a certain day.
(ii) Sue
for damage due to non-transfer of goods or due to non-payment
(iii)
Rights of Interest.
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