Unpaid seller

Page 1

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Unpaid Seller

By Bharat Galani MeraSkill.com Š MeraSkill


Unpaid Seller

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Index Who is unpaid seller Rights of an unpaid seller Remedies for Buyer against seller Auction Sale

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Who is unpaid Seller

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Who is an Unpaid Seller? i) Whole of the price Not paid ii) Conditional Payment -BOE or Cheque Dishonoured

Note:- Part payment left ₹100, ₹1 not paid - Not unpaid seller before credit period. Unless Insolvent

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Who is an Unpaid Seller? 1. A sold goods to B for ₹1000. B paid only ₹ 990 but failed to pay the balance. 2. A sold goods to B for ₹1000 and received cheque. Cheque dishonoured. 3. A sold goods to B for ₹1000 on one month credit. One month has not expired. 4. A sold goods to B for ₹1000 on one month credit. One month has expired. 5. A sold goods to B for ₹1000 on one month credit. B became insolvent . © MeraSkill


Rights of Unpaid Seller

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Rights of an Unpaid Seller

Against Buyer - Jus in Personam

Against Goods - Jus in Rem

Agreement to Sale

Sale

Sue for Price

Sue for Damages Lien Stoppage in Transit

+

Withhold Delivery

Sue for Interest

Resale

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Right to Lien 1. Right to Lien = retain the possession 2. Right only for unpaid price not other expense or claim 3. Right to lien is available only in following cases:i) Sold without credit ii) If sold on Credit, credit period has expired iii) Buyer became Insolvent, whether credit period expired or not 4. Seller loses right to lien when:i) He delivers to carrier for transmission without reserving right to disposal ii) Buyers obtains lawful possession iii) Seller waived off right to lien iv) By Estoppel: Buyer dispose of goods with the consent of seller. v)Where document of title has been issued to buyer & buyer transfer documents other person in good faith & consideration.

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