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Unit 14: Remedies of Unpaid Seller
sent back to the sellers for the purpose of re-packing. While they were still in the possession Notes
of the sellers for that purpose, the buyer became insolvent. The sellers refused to deliver
them to the Official Receiver except upon payment of the price. Are the sellers entitled to
refuse to deliver the goods to the Official Receiver? State reasons for your answer.
11. Ram sold goods to Shankar and forwarded to Shankar the bill lading indorsed in blank
together with a draft for the price for acceptance. Shankar, who was insolvent, did not
accept the draft but transferred the bill of lading to Raman, who took it in good faith and
for value. The seller stopped the goods in transit. Discuss the rights of Raman as against the
goods.
Answers: Self Assessment
1. Express 2. Doctrine of caveat emptor
3. Possession 4. Delivery 5. Sec.27
6. Secs.31-44 7. Secs.18 to 25
14.7 Further Readings
Books G. Vijayaragavan Iyengar (2007), Introduction to Banking, Excel Books, New Delhi,
India.
S.S. Gulshan, Business Law, Third Edition, 2006, Excel Books, New Delhi.
S.S. Gulshan, Mercantile Law, Third Edition, 2006, Excel Books, New Delhi.
Online links http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/
whatwedo/consumers/fact-sheets/page38311.html
http://www.dateyvs.com/gener12.htm
http://www.sudhirlaw.com/Business3.html
http://www.vakilno1.com/bareacts/saleofgoods/saleofgoods.htm
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