Legal Rights for unpaid seller.txt

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Author:
daisykuk91
ID:
254993
Filename:
Legal Rights for unpaid seller.txt
Updated:
2014-01-13 08:06:24
Tags:
Legal study
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Description:
legal notes
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  1. Seller's Lien
    • SOGA s41
    • Seller in possession of goods is entitled to retain possession until payment
    • Applicable:
    • Buyer becomes insolvent
    • Goods sold without stipulation
    • Goods sold in credit but term has expired
  2. Rights of Stoppage in transit
    • SOGA s44
    • Applicable:
    • Buyer becomes insolvent
    • Unpaid seller may resume possession in goods as they are in the course of transit
    • SOGA s45 , goods are in the course of transit from the time goods delivered to carrier until collected by buyer
  3. Withholding delivery
    • SOGA s39
    • Property in goods has NOT passed
    • Unpaid seller has right of withholding delivery
  4. Resale by seller
    • SOGA s48
    • Applicable:
    • Perishable goods
    • Seller gives notice to buyer of retention to re-sell
    • Buyer no pay within reasonable time, seller can re-sell & give good title to new buyer
    • Buyer liable for loss resulted from the breach of contract
  5. Action for price
    • SOGA s49
    • Property of goods passed to buyer
    • Buyer wrongfully neglects or refuses to pay
    • Seller may maintain action against him for price of goods
  6. Damages for non-acceptance
    • SOGA s50
    • Buyer wrongfully neglects or refuses to accept and pay
    • Seller may maintain action against him for damages for non-acceptance
    • The loss measure with directly & naturally result
    • Mitigation of loss is required

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