Right Against Goods

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Right Against Goods

When ownership is transferred to buyer, unpaid seller has following rights

Rights To Lien
The unpaid seller has right to retain the possession of goods until he receive the
full price of goods unpaid seller excerxsice this right in the following cases:

 Goods sold on cash basis

 After expiry of credit term, when goods are sold on credit


 When buyer become insolvent
 When seller has possession of goods
 A lien is on price not on expenses
 Partial delivery of goods in the hands of seller
 When received a decree of court

An unpaid seller has no right of lien in following cases:


 When goods are delivered by any other person
When buyer or his agent obtains possession lawfully
 When seller waves his rights
 When buyer resells the goods

Right Of Stoppage
 The buyer has right to stop the goods in transit.

RIGHT Of Resale
 The unpaid seller resale goods in following cases:
 In case of perishable goods

 When seller has right of resale in contract


 When seller gives notice to buyer of his intention to sell the goods

Right against Buyer


The unpaid seller has following rights against buyer

Suit For Price


The unpaid seller suit the buyer for price irrespective of the goods delivered to
him according to terms of contract

Suit for Damage


The seller suits the buyer for the damages fixed due to refused to accept and pay
the price of goods

Suit For Special Damages And Interest


The seller may suit the buyer for special damages. The unpaid seller recovers the
interest on the unpaid amount from the time is due

Rights OF Buyer Damages For Non Delivery


The buyer may suits the seller for damages face due to non-delivery goods

Suit For Special Performance


The buyer may suit the seller for special performance in case of breach of
contract
Damages For Breach Of Warranty
The buyer suits the seller and ask for reasonable reduction in price in case of
breach of warranty

Cancellation And Damages


The buyer can avoid the contract in case of breach condition

Auction Sale
Auction sale is a public sale where different buyers come to buy. Following are the
rules of auction:

 Goods in lots

 Completion of sale
 Withdrawal of bid
 Right of seller to bid
 Reserve price
 Agreement not to bid
 Seller’s right

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