Definition Of An Unpaid Seller And His Rights

The correct answer is True, if after notice, the buyer fails to pay or tender the price within a reasonable time. This is because the right of resale is available to the unpaid seller only if the buyer fails to pay or tender the price within a reasonable time after notice. If the buyer does not fulfill their payment obligations, the unpaid seller can exercise their right of stoppage in transit and resell the goods to someone else.

An unpaid seller has the right to withhold the delivery of goods sold to a buyer if the ownership of the goods has not been transferred. This means that if the buyer has not yet become the legal owner of the goods, the unpaid seller can refuse to deliver them. This right allows the unpaid seller to protect their interests and ensure that they are not at a disadvantage if the buyer fails to fulfill their payment obligations.

The statement is true because the unpaid seller can indeed exercise their right of stoppage in transit by giving notice to the carrier to stop the goods and redeliver them to the seller or according to their directions. This is a recognized mode of exercising this right, as it allows the seller to regain control of the goods and prevent their delivery to the buyer until the outstanding payment is made.

Under the Sale of Goods Act, 1930, an unpaid seller has rights against both the goods sold and the buyer. This means that if the buyer fails to pay for the goods, the unpaid seller can take legal action to recover the payment from the buyer. Additionally, the unpaid seller also has the right to retain the goods until payment is made or to resell the goods to recover the amount owed. Therefore, both options (a) and (b) are correct.

In this scenario, A is in the position of an unpaid seller. This is because B made the payment for the goods by cheque, but the cheque was dishonoured when presented for payment. As a result, A has not received the payment for the goods and remains unpaid.

The unpaid seller loses his right of lien in all of these cases. When the goods are delivered to the buyer, the seller loses his right to retain possession of the goods until payment is made. Similarly, when the goods are delivered to the carrier, the seller's right of lien is also lost. Lastly, if the buyer tenders the price, the seller cannot retain the goods and must deliver them. Therefore, in all of these situations, the unpaid seller loses his right of lien.

The correct answer is Both (a) and (b). The unpaid seller has the right to withhold the delivery of goods in two situations. Firstly, if the buyer fails to pay the price of the goods, and secondly, if the buyer becomes insolvent. In both cases, the unpaid seller can exercise their right to retain the goods until the payment is made or the insolvency issue is resolved.

The correct answer is (i), (ii), (iii). An unpaid seller has the right of lien, which means they can retain possession of the goods until the full payment is received. They also have the right of stoppage in transit, which allows them to regain possession of the goods while they are in transit if the buyer is unable to pay. Additionally, the unpaid seller has the right of resale, which allows them to sell the goods to recover the unpaid amount.

An unpaid seller has the right to file a suit for the price of the goods sold, a suit for interest on the unpaid amount, and a suit for repudiation of the contract by the buyer. Therefore, all of these rights are available to an unpaid seller against the buyer.

The statement is true because under the Sale of Goods Act 1930, an unpaid seller has the right to resell the goods if he has exercised his right of lien or stoppage in transit. This means that if the buyer fails to pay for the goods, the seller can retain possession of the goods (lien) or stop the goods in transit before they reach the buyer. In such cases, the seller can resell the goods to recover the unpaid amount.

An unpaid seller has the right to take legal action against the buyer for various remedies. They can file a suit for the price of the goods sold, seeking payment from the buyer. Additionally, they can also file a suit for interest on the unpaid amount, compensating for the delay in payment. Furthermore, the unpaid seller can also file a suit for damages, claiming compensation for any losses or harm caused due to non-payment. Therefore, all of these rights are available to an unpaid seller against the buyer.

The Sale of Goods Act, 1930 grants certain special rights to unpaid sellers. These rights include the right to withhold delivery of goods until payment is made, the right to stop goods in transit if the buyer is insolvent, and the right to resell the goods if the buyer fails to pay. Therefore, the statement "An unpaid seller enjoys certain special rights under the Sale of Goods Act, 1930" is true.

The correct answer is Section 47 (1). This section of the law provides the unpaid seller with the right of lien. A lien allows the seller to retain possession of the goods until the buyer has paid the full purchase price. This gives the seller some security in case the buyer fails to make payment.

A seller is considered an unpaid seller when either the full price has not been paid or tendered, or when a bill of exchange or other negotiable instrument received in payment has been dishonored. In this case, both conditions (a) and (b) are met, so the correct answer is "Both (a) and (b)."

An unpaid seller of goods, who is in possession of them, is entitled to retain the possession until the entire price is paid or tendered in the following cases: where the goods have been sold without any stipulation as to credit, where the goods have been sold on credit but the term of credit has expired, and where the buyer becomes insolvent. In all of these situations, the seller has the right to retain possession of the goods until payment is received.

The term "stoppage in transit" refers to the halting of goods while they are being transported from the seller to the buyer. Therefore, the correct answer is the Buyer, as they are the party who is receiving the goods. The Seller, Seller's agent, and None of these options are incorrect because they do not accurately represent the party that the goods are being transmitted to.

The seller's right of stoppage in transit is lost in all of the given cases. When the buyer takes delivery from the carrier, it signifies that the goods have reached their destination and the seller's right of stoppage is no longer applicable. Similarly, when the carrier acknowledges the buyer, it indicates that the goods have been delivered and the seller's right is lost. Additionally, if the carrier wrongfully refuses to deliver the goods to the buyer, it implies that the goods are no longer in transit and the seller's right is extinguished. Therefore, all of these scenarios result in the loss of the seller's right of stoppage in transit.

Both the rights of withholding delivery and lien are similar and coextensive with each other. The right of withholding delivery allows the seller to retain possession of the goods until the buyer fulfills their obligations, such as payment. Similarly, the right of lien gives the seller the right to retain possession of the goods until the buyer settles any outstanding debts. Therefore, the correct answer is both (a) and (b), as both rights are similar and coextensive with each other.

The right of stoppage of goods in transit is exercised by an unpaid seller in order to regain possession of goods. This means that if the buyer has not paid for the goods, the seller has the right to stop the goods while they are in transit and take possession of them again. This is a way for the seller to protect their interests and ensure that they are not left without payment for the goods they have sold. It is a legal remedy available to unpaid sellers to recover their goods and prevent the buyer from receiving them without paying for them.

The unpaid seller can exercise his right of lien over the goods regardless of whether he is the owner of the goods, an agent of the buyer, or a bailee for the buyer. This means that as long as the seller is in possession of the goods, he has the right to retain possession until the buyer fulfills his payment obligations.

Both (a) and (b) are correct because if the goods are perishable, it is necessary for the seller to resell them quickly in order to avoid spoilage or loss of value. Additionally, if the seller has explicitly reserved the right to resell the goods in the event of non-payment, they have the legal authority to do so. Therefore, in this scenario, both conditions are met, allowing the unpaid seller to resell the goods to someone else.

When the unpaid seller has given up possession of the goods, their right of lien is lost. This means that if the seller no longer has physical control over the goods, they cannot retain them as security for the unpaid amount. Therefore, the statement "True, the lien is lost as soon as the possession is lost" accurately explains the situation.

The correct answer is "Reasonable time" because after exercising his right of lien, the unpaid seller has the option to give a notice to the buyer to either pay or render the price within a reasonable time. The concept of "reasonable time" is subjective and depends on the specific circumstances of the transaction. It allows for flexibility and takes into account factors such as the nature of the goods, the industry standards, and any prior agreements between the buyer and seller.

The right of lien allows the unpaid seller to retain possession of the goods until the buyer fulfills their payment obligations. This means that the seller can hold onto the goods as security until they receive payment. This is a common practice to ensure that sellers are protected and can recover their losses if the buyer fails to make the necessary payment. It does not involve recovering damages, regaining possession of goods, or punishing the buyer.

When the buyer becomes insolvent and the unpaid seller has already given the goods to the buyer, the seller can stop the goods in transit until either the price is paid or the price is tendered. This means that the seller has the right to halt the delivery of the goods until the buyer either pays for the goods or offers to pay for them. This gives the seller some protection in case the buyer is unable to fulfill their payment obligations.

The correct answer is "Price." The unpaid seller has the right to recover the price of the goods that were sold but not paid for. This right also entitles the seller to recover any interest that may have accrued on the unpaid amount.

The correct answer is either (a) or (b). When the buyer repudiates the contract before the due date of delivery of goods, the seller has the option to treat the contract as subsisting and wait until the due date of delivery, or to treat it as repudiated and bring an immediate action for recovery of damages. Therefore, both options (a) and (b) are available to the seller in this situation.

A seller, to whom only a party of the price has been paid, falls in the category of an unpaid seller. This means that the seller has not received full payment for the goods or services provided. The seller may still have rights to the goods until full payment is received, and may be able to take legal action to recover the remaining payment.

If an unpaid seller resells the goods after giving notice to the buyer of their intention to do so, they can recover the loss from the original buyer if the resale price is less than the original contract price. Additionally, the unpaid seller can retain the profit if the resale price is higher than the original contract price. Therefore, both statements (a) and (c) are correct.

If the unpaid seller resells the goods without giving notice to the buyer and makes a profit on the resale, they are bound to return it to the original buyer. This means that even though the seller has resold the goods, they are still obligated to give them back to the buyer who initially purchased them. This is because the seller did not follow the proper procedure of notifying the buyer before reselling the goods, and therefore, they are not entitled to keep the profit from the resale.

According to the Sale of Goods Act, 1930, a seller is considered an unpaid seller when a part of the price has been paid, the whole price has not been paid or tendered, and a bill of exchange or other negotiable instrument received in payment has been dishonored. Therefore, the correct answer is (i), (ii), (iv).

The transit commences when the goods are delivered to the carrier or bailee and it continues until the buyer takes delivery of the goods. This means that once the buyer receives the goods, the transit is considered complete. The other options listed (refusing to pay the price, becoming insolvent, paying the full price) are not relevant to the transit of goods.

The right of lien is exercised to retain the possession of goods. Lien is a legal right that allows a person to keep possession of someone else's property until a debt or obligation is fulfilled. By exercising the right of lien, a person can hold onto the goods until they receive payment or satisfaction for the debt owed to them. This ensures that the person has some form of security or leverage in case the debtor fails to meet their obligations.

The right of lien refers to the right of a person to retain possession of goods until a debt owed to them is paid. If the possession of the goods is lost, then the person loses the ability to exercise their right of lien. This means that they no longer have the power to retain the goods until the debt is settled. Therefore, the correct answer is possession.

The right of lien of an unpaid seller depends on possession of goods. This means that if the seller has not been paid for the goods, they have the right to retain possession of the goods until payment is made. This right allows the seller to have some control over the goods and ensures that they are not left with unpaid debts. Ownership of goods and title of goods are not directly relevant to the right of lien, as possession is the key factor in this case.

The unpaid seller has the right to exercise his right of lien over the goods for the price of the goods. This means that if the buyer has not paid for the goods, the seller can retain possession of the goods until payment is made. This is a legal protection for the seller to ensure that they receive the payment they are owed.

When the ownership of the goods is transferred to the buyer, an unpaid seller has the right of lien and the right of stoppage in transit. The right of lien allows the seller to retain possession of the goods until the buyer pays the outstanding amount. The right of stoppage in transit allows the seller to regain possession of the goods while they are in transit if the buyer is unable to pay for them. Both these rights provide the unpaid seller with legal remedies to protect their interests in the goods.

If the buyer fails to accept the goods and pay for them, the seller can file a suit for recovery of both the price of the goods and any interest that may be due. This means that the seller can seek legal action to recover not only the amount owed for the goods but also any additional interest that may have accrued. Therefore, the correct answer is "Both (a) and (b)."

When a seller's only remedy is for damages, it means that if there is a breach of contract or any other issue, the seller can only seek compensation for the financial loss suffered. In such cases, the seller does not have the right to file a lawsuit specifically for interest, which refers to the additional amount of money that may be claimed for the delay or non-payment of the debt. Therefore, the statement "Where seller's only remedy is for damages, he cannot file a suit for interest" is true.

In case of cash sale, an unpaid seller has no right of lien even if the whole price is not paid. This means that if a buyer purchases goods with cash and does not pay the full price, the unpaid seller cannot withhold or retain possession of the goods as a security for payment. This is different from the other statements, which state that an unpaid seller can exercise his lien in various scenarios such as insolvency of the buyer or failure to pay after the expiry of credit period.

The unpaid seller's right of stoppage in transit is lost when the transit comes to an end. This means that once the goods have reached their final destination or have been delivered to the buyer, the seller's right to stop the goods in transit and regain possession is no longer applicable. This is because the purpose of stoppage in transit is to allow the seller to retain control over the goods until the buyer fulfills their payment obligations. Once the transit comes to an end, the seller no longer has the ability to exercise this right.

When the carrier acknowledges that they are holding the goods on behalf of the buyer, it signifies the end of the transit. However, if the buyer instructs the carrier to transport the goods to a different destination, it does not affect the fact that the transit has already ended. Therefore, the correct answer is that transit comes to an end.

In this scenario, the seller has explicitly reserved the right to resell the goods and has done so without notifying the buyer. If there is a loss on the resale, the seller is entitled to recover the same from the original buyer. This is because the buyer was aware of the seller's right to resell and did not object or fulfill their obligations under the contract. Therefore, the seller can hold the original buyer responsible for any loss incurred.

When the unpaid seller exercises the right of stoppage in transit and regains possession of the goods, the buyer's lien revives. This means that the buyer once again has the right to retain the goods until the full payment is made to the seller. The exercise of stoppage in transit allows the seller to reclaim the goods while they are still in transit to the buyer, in order to protect their rights and prevent the buyer from taking possession without paying for them. Therefore, the buyer's lien, which was temporarily suspended during the transit, is revived and the buyer can once again assert their right to retain the goods.

The correct answer is "Independent person i.e., in his own name." This means that the middleman, who is the carrier holding the goods, is not acting as an agent of either the seller or the buyer. The unpaid seller can exercise the right of stoppage in transit in this situation, allowing them to regain possession of the goods and prevent their delivery to the buyer.

The statement is false because the right of lien is actually divisible in nature. This means that the seller can be compelled to deliver a part of the goods if the buyer pays the proportionate price for that part. In other words, the seller cannot withhold the entire goods if the buyer is willing to pay for a portion of them.

The unpaid seller can exercise the right of stoppage of goods in transit for the price of goods. This means that if the buyer has not paid for the goods, the seller has the right to stop the goods while they are in transit and retain possession of them until payment is made. This allows the seller to protect their interests and ensure they are paid for the goods they have supplied.

When the unpaid seller resells the goods without giving notice to the buyer and there is a loss on resale, the unpaid seller cannot recover the loss from the buyer. This is because the unpaid seller did not fulfill their obligation to notify the buyer before reselling the goods. Therefore, they cannot hold the buyer responsible for the loss incurred on the resale.

When the buyer rejects the goods but the carrier or bailee still has possession of them, it means that the transit has not come to an end. The rejection by the buyer does not automatically terminate the transit, as the carrier or bailee still has the responsibility to transport and deliver the goods. The transit will only come to an end once the carrier or bailee completes the delivery process or takes further action based on the buyer's rejection.

Section 47(1) of the given law contains the unpaid seller's right of lien. This means that if the buyer fails to pay the price of the goods, the seller has the right to retain possession of the goods until the payment is made. This section gives the seller a legal right to hold onto the goods as security for the unpaid amount.