Rights of the unsuspecting seller over goods - koc

Definition of "unsubstantiated seller" - Rights of the unsuspecting seller over goods

Rights of the unsuspecting seller over goods within the meaning of this Act "then   

      

(A) unless the entire price has been paid or tendere         

(B) When the instrument of exchange or other negotiable instrument has been received as conditional payment, and the condition on which received it is not fulfilled due to dishonour of the device or otherwise.


Rights of the unsuspecting seller over goods
Rights of the unsuspecting seller over goods



   Definition of "unsubstantiated seller - Rights of the unsuspecting seller over goods

    Non-lien seller's lien

  (1) In this chapter the term "seller" includes any person who is in the position of the seller, for example, the seller's agent who has endorsed the letter of lading or the consignor or agent who has paid the price himself or Who is directly responsible for the price.


   ​​Rights of the unsuspecting seller - Rights of the unsuspecting seller over goods


 (1) Subject to the provisions of this Act and any law for the time being in force, notwithstanding that the property in the goods have been transferred to the Purchaser, the unsuspecting seller of the goods shall be The following rights derive from the interpretation of the law -


  (A) lien on the goods as long as the price is occupied;


  (B) in the event of the Purchaser becoming insolvent, after stripping the goods from their possession, the right to stop them in transit;


  (C) Right to resale, as limited by this Act.


 (1) Where the property in the Goods has not been alienated to the Purchaser, the unsuspecting seller has the right to determine the payment in addition to his other remedies, which is identical and encompassed by the seller's right to restrain that lien and practice which He gets that condition when the buyer receives the property resolved.

  Seller's lien - Rights of the unsuspecting seller over goods

 

  (1) Subject to the provisions of this Act, it is the case that the unsuspecting seller of the goods, who owns the interests, is entitled to retain control of the goods in the following conditions unless the price is paid or tendered. Is given, namely: -


  (A) where the goods have been sold without any contract regarding the borrowings;


   (B) where the goods have been sold on credit but the credit period has expired;


   (C) Where the Purchaser becomes insolvent.


   (1) The seller may exercise his lien, notwithstanding that his possession of the goods are as buyer or agent of the Purchaser.


   Partial Delivery - Rights of the unsuspecting seller over goods


Where the unsubsidized seller has made a partial delivery of the goods, he may use his lien on the remainder, unless such delivery is made in circumstances which indicate an agreement to waive the lien.


   Expropriation of lien - Rights of the unsuspecting seller over goods


    (1) Unsatisfied seller of goods loses his lien on goods-


   (A) when he delivers the goods to the carrier or other bailee to be transmitted to the buyer, without reserving his right of disposal;


   (B) when the buyer or his agent duly obtains possession of the goods;


   (C) by his departure.


   (1) The unsuspecting seller of the goods, who has a lien on it, does not lose his lien merely because he has obtained a decree for the goods' price.




Rights of the unsuspecting seller over goods
Rights of the unsuspecting seller over goods


Stop in transit - Rights of the unsuspecting seller over goods

  (1)  Right to stop in transit - Subject to the provisions of this Act, when the Purchaser of the goods becomes insolvent, the unsuspecting seller, who has separated the goods from his possession, has the right to stop the goods from the transport. That is, as long as the goods are in transit, he will be able to occupy it again and retain it until the price is paid or tendered.


Period of transport - Rights of the unsuspecting seller over goods


 (1) From the time when the goods are delivered to the seller to the carrier or other bailees, till the time the buyer or his agent is his delivery of such transportation or Takes from other bailees, the goods are understood to be in sequence of transport.


 (2) If the Purchaser or his authorized agent obtains the goods' delivery before arriving at the intended destination, then the transportation ceases.


 (3) If after arriving at the intended destination, the carrier or other bailee may approve from the buyer or his agent that he is holding the goods on behalf of the Purchaser or his agent and on behalf of the Purchaser or his agent If it is retained as a bailee, then there is an end to the transport and it is immaterial that the buyer has indicated the destination for the goods.


 (4) If the Purchaser has remitted the goods, and the carrier or other bailee retains possession of the same, though the seller has refused to take it back, it is not deemed that the transport is over.


 (5) Where the goods are delivered to the vessel hired by the Purchaser, then whether the goods have the master as the carrier or as the buyer's agent, is a question which is the circumstances of that particular case. Remains undecided.


  (6) Where the conveyance of conveyor or other bailee goods to the Purchaser or its agent is deemed guilty, the transportation is considered to have ended.


  (7) Where a part of the goods has been delivered to the Purchaser or the agent nearest to it, the remaining goods shall be held in transit, unless such partisan delivery is made in circumstances which indicate that all goods There is an agreement to give up possession.





Rights of the unsuspecting seller over goods
Rights of the unsuspecting seller over goods



  HOWTO STOP IN TRANSLATION 

(1) The unsuspecting seller may exercise his right to restrain in transport either by actual possession of the goods or by conveying his claim to the carrier or other bailee who has the interests. Can give such information either to the person who has actual possession of the goods or its owner. In the condition mentioned above, shall provide the information at such time. In such circumstances as the owner may, by exercising reasonable diligence, inform it to his servant or agent so long as may prevent the delivery to the Purchaser.


    (1) When the seller gives the information about the stoppage of transport in the goods to the carrier of the goods or other bailee occupant, he shall deliver the goods to the seller or as directed by him. The seller will bear the expenses of such redemption.


Transfer by Buyer and Seller - Rights of the unsuspecting seller over goods


 Effect of sale or mortgage by the Purchaser-


 (1) Subject to the provisions of this regulation, no deal or other disposal of goods, which the Purchaser has done, shall affect the lien of the unsuspecting seller or right to restrain in practice. Puts, until the seller, has given his permission for it:


                But where the document of title to the goods has been shown to a person as the Purchaser or owner of that goods or has been duly transferred and that person transfers that document to any such person, the paper in good faith and Takes the compensation, if such last described transfer was in the form of sale. The lien of the unsuspecting seller or right to stop in transit fails and if such last defined transfer was in the form of a pledge or other complimentary expense than the lien of the unsuspecting seller Or the right to restrain in practice can only be exercised subject to the rights of the transferee.


Discontinuation of sale does not ordinarily occur by lien or withholding in practice 


 (1) Subject to the provisions of this section, the contract of sale is not voided by the mere exercise of the right of the lienee to restrain his lien or right in practice.


  (2) Where the goods are of a consignee nature or where the unsuspecting seller, who has exercised his lien or right to restrain in the conveyance, informs the Purchaser of his intention to resell if the Purchaser has paid the price within a reasonable time. Or if not tendered, the unsuspecting seller will resell the goods within a reasonable time and recover damages from the original seller for losses incurred due to breach of contract. Still, the Purchaser will not be entitled to the profit, which is due to the resale. If such notice is not given, the unsuspecting seller will not be allowed to recover such damages, and the Purchaser will be entitled to the profit on resale if any.


  (3) Where the seller expressly expresses the right to resell if the Purchaser defrauds and resells the goods in the Purchaser defrauding event, the original sale contract is subject to fragmentation. Still, it does not cause any sale by the seller. Such a claim, which he holds for damages, is not adversely affected.

Rights of the unsuspecting seller over goods - koc Rights of the unsuspecting seller over goods - koc Reviewed by KOC on October 09, 2020 Rating: 5

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