REMEDIES OF THE SELLER

IN SALE GOOD OF ACT 1930

PRESESNTED BY- RAJLAXMI ARADHIKA SHAHI NIKITA CHAUDHARY AVINASH KUMAR DABBU

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INTRODUCTION•The law relating to the sales of goods was

originally contained in chapter VII of ‘’ The Indian Contact Act, 1872’’

• The Indian contact Act, 1872 was repealed for the provisions contained for the sales of goods and enacted the Sales of Goods Act 1930.

The sales of goods act,1930came into force on 1st July ,1930 contains special provision or remedies for

sellers or buyers.

Protects the interest of sellers and buyers.

REMEDIES

1. SELLER

2.BUYER

Goods in Seller’s Possession

Goods in seller’s possession

Goods are in transit Seller delivers non- conform

Goods in Buyer’s Possession

Proceed to section 3

REMEDIES OF SELLER

1. Goods in seller’s possession.

2.Goods are in transit

3.Goods in buyer’s possession

Seller- Goods in Seller’s Possession

• Seller may withhold delivery of the goods (Sec46(2)):

• If materials breach by buyer, seller can withhold delivery of all goods.

• If non-material breach, Seller can withhold delivery of this installment .

• Seller can withhold delivery of all goods if buyer is insolvent.

Seller- Goods in seller’s possession

• Seller may rescind the contract .• Seller may identify the goods to

the contract..• Seller may sell raw material for

scrap or finish production. case 22.1 Brandeis machinery

v. capital crane rental ( 2002)

Seller – goods in transit• Goods are in transit when seller has

tendered goods to carrier.

• Goods are in transit until:

• Buyer is given negotiable document of title to goods.

• Buyer is given non- negotiable document of title or Bailee has acknowledged buyer’s

right to have the goods.

• Buyer has had a reasonable time to pick up the goods.

Duration of transit (Sec.51) • Period from when transit begin and its come

to be an end.• According to section (Sec.51),goods are

deemed to be in course of transit from the time when they are delivered to a carrier to other bailee for the purpose of transmission to the buyer , until the buyer or his agent takes delivery of them.

• Goods are considered to be in transit either buyer reject to take the goods or seller has refused to receive back.

How right of stoppage is exercised(Sec.52)The unpaid seller may exercise the right of

stoppage in transit either:

By taking actual possession of the goods; orBy giving notice of his claim to the carrier

or other bailee in whose possession the goods are. such notice may be given either (a)to the person who has actual possession of goods,

or (b) to his principle.

Seller – goods in transit• Seller has the right to the goods

in transit if:

• Buyer is insolvent – seller can stop entire shipment of goods.

(Sec.50)

• Buyer is in breach – seller may stop a whole truckload or whole

container.

Seller-goods in buyer’s possession

suit for price(Sec.55)

• Seller may sue for purchase price . If buyer refuse to pay the price for the purchased goods.

suit for special damages (sec.61)

• Seller may also sue buyer if goods were “specially- made ” which seller cannot resell.

Suit for the damages(Sec.56)

Seller may also sue for the purchase price if the goods were destroyed and

the risk had already passed to the buyer.

Seller may reclaim goods received by an insolvent buyer if demand made

within 10 days of receipt.