Sellers Remedies & Buyers Remedies Flashcards
What are the five remedies for a Seller?
S.39 Seller’a Lien or right to retain them Right of stoppage in transit Right of resale Reservation of Title Clause Action for Price
What is a Seller’s lien?
The right to retain the (custody of) goods until the whole of the price has been paid or tendered.
Valpy v Gibson 1847?
The buyer bought cloth from seller. The seller sent the cloth to a shipping agent in Liverpool in 4 cases, requesting the buyers shipping agent to put them on board as directed by the buyer. After the goods had been loaded on the ship, the buyers agent ordered them to be returned to the seller and re-package them in 8 cases instead of 4. The seller was in possession of the goods (unpaid) while the buyer was declared insolvent. It was too late for seller to claim a lien as it had already been given to their shipping agent.
House of Lords in Somes v. British Empire Shipping Co
that where the price has been tendered, the seller cannot claim to retain the goods further for the expenses incurred by him on storage during the period that he was holding the goods in the exercise of his lien.
What is the right of “stoppage in transit”?
The seller can communicate with C to resume possession of the goods at any point during the transit period (court of transit? & May retain them until payments of price.
What is the right of resale?
Where an unpaid seller has exercised his lien or stoppage in transit and really the goods, the buyer enquires a good title to them over the original hurt.
RV Ward v Bignall (1967)?
B contracted to buy from Wb2 cars and paid a small deposit. Later, B refused to pay the remaining amount. W gave notice to B that if they do not pay in the next few days they would dispose of the cars. One of the cars was resold but the other remained unsold. By selling one car, W had terminated the contact and could only now claim for damages for non-acceptance which meant market value of the second car.
What is reservation of title clause?
Retention of title after property has passed, buyer is in possession expressly imposes in contract otherwise property will pass on actualndelivery.
What is Action for Price?
Where property has passed to buyer and buyer wrongfully neglects it refuses to pay for goods according to terms of contract, seller maintain ana futon against him for a price of goods.
What does the law say on damages for buyers?
S.51: Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for non-delivery.
What are the buyers rights?
To reject goods
To terminate the contract
Who is an unpaid seller?
S.38 The seller of goods is an unpaid if the whole price is not paid.
Or when a bill of exchange or other negationable instrument as conditional payment has not been fulfilled by reason of dishonour.
