Page 146 - DCOM103_COMMERCIAL_LAW
P. 146

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






























                                           LOVELY PROFESSIONAL UNIVERSITY                                   139
   141   142   143   144   145   146   147   148   149   150   151