Rights of Unpaid Saler

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  RIGHTS OF UNPAID SELLERRIGHTS OF UNPAID SELLER Rights of unpaid seller   Right against goodsRight against the buyer personallyWhen the property in the goods has been transferred   Right of Lien   Right of stoppage in goods in transitRight to resale   When the property in the goods has not been transferred   Right of withholding deliverySuit for priceSuit for damages for non acceptanceSuit for special damage and interest 1  2 Right against the goods Ri   ght against the goods  A. A. When the property in the goods has been When the    property in the goods has been transferredtransferred  1.1.RIGHTRIGHT   OF LIENOF LIEN[Sec 46(1)(a) and 47 to 4![Sec 46(1)(a) and 47 to 4!  The right of lien means lawfully right to The right of lien means lawfully right to retain the goods possession until the full priceretain the goods possession until the full priceis received. An unpaid seller can exercise his right is received. An unpaid seller can exercise his right of lien of lien in following cases.Sec! #in following cases.Sec! # $.$. Where the goods have been sold on the cash basisWhere the goods have been sold on the cash basis .. $$.$$. Where the goods have been sold on credit basis Where the goods have been sold on credit basis and the term of credit has expired.and the term of credit has expired. $$$.$$$. Where the buyer has become insolvent even if the Where the buyer has become insolvent even if the period of credit has not been expired.period of credit has not been expired.  %ther rules to satisfy the conditions for this right are%ther rules to satisfy the conditions for this right are $.$.  The unpaid seller must be in actual possession of  The unpaid seller must be in actual possession of the goods sold.the goods sold. $$.$$. $t can be exercised even $f the documents of title $t can be exercised even $f the documents of title have been delivered to the buyer.have been delivered to the buyer. $$$.$$$. $t can be exercised for the price and not for other $t can be exercised for the price and not for other expenses.expenses. $&.$&. $f the seller delivers some goods' it can be $f the seller delivers some goods' it can be exercised on the remainingexercised on the remaining Te #$nat$on o% $&'t o% $enTe #$nat$on o% $   &'t o% $en Seller(s right of lien is terminated in following cases.Seller(s right of lien is terminated in following cases.). When he delivers the goods to the carrier or other ). When he delivers the goods to the carrier or other bailey for transmission to the buyerbailey for transmission to the buyer 3  4 2. When the buyer or his agent lawfully obtains the possession of the goods.3. When seller waives his right of lien on the goods.4. The right of lien once lost will not be restored.5. When the buyer further sells the goods and the seller agrees. Example:   A seller “! sells a T set to “#! and delivers it to “#! and since the T set was not functioning properly $ “#! delivered it bac% to “! for the repairs. &t was held that “! can not e'ercise his right of lien over T set.
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