19

Rights of the Unpaid Seller

CHAPTER OBJECTIVES

After carefully reading this chapter, you will be able:

  • Understand the meaning of an unpaid seller.
  • Clearly explain the rights of an unpaid seller.
  • Distinguish between an unpaid seller's rights against the goods and against the buyer.
MEANING OF UNPAID SELLER

“An unpaid seller is a seller who has not been paid or tendered the whole of the price or who has received a bill of exchange or other negotiable instrument as conditional payment that has been subsequently dishonoured. ” See. 45(1)

RIGHTS OF AN UNPAID SELLER

The rights of an unpaid seller may be grouped under two heads:

  1. His rights against the goods
  2. His rights against the buyer

These rights can be exercised by him even in cases where ...

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