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Rights of The Seller Under The Sale of Goods Act

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2 views4 pages

Rights of The Seller Under The Sale of Goods Act

Uploaded by

Toxic Professor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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RIGHTS OF THE SELLER UNDER THE SALE OF

GOODS ACT, 1930


1. Right to Reserve the Right of Disposal (Section 25)

Text: The seller can keep control over the goods even after delivery until certain conditions
are met.
Explanation: The seller can say that he will keep the ownership of goods until the buyer
pays the full amount or fulfills some condition.
Example: A sends goods to B but keeps ownership until B pays the price. Even though B
gets the goods, A still owns them until payment.

2. Right to Withhold Delivery (Section 47)

Text: The unpaid seller can hold back the delivery if the goods haven’t been delivered yet.
Explanation: If the seller has not been paid, he can refuse to give the goods to the buyer.
Example: If B hasn’t paid for the fridge, A can keep the fridge and not deliver it.

3. Right of Lien (Section 47-49)

Text: The unpaid seller who is in possession of goods can keep them until payment.
Explanation: If the buyer hasn’t paid, and the seller still has the goods, he can keep them
until payment is made.
Example: A sells a machine to B, but B doesn’t pay. A can hold the machine and not deliver
it.

4. Right of Stoppage in Transit (Section 50-52)

Text: The unpaid seller can stop goods in transit if the buyer becomes insolvent.
Explanation: If the goods are on the way to the buyer and the buyer becomes bankrupt, the
seller can stop the goods and take them back.
Example: A sends goods to B, but B becomes insolvent before delivery. A can stop the
goods from reaching B.

5. Right of Resale (Section 54)

Text: The unpaid seller has the right to resell the goods in certain situations.
Explanation: If the buyer doesn’t pay or refuses to accept goods, the seller can sell the goods
to someone else.
Example: B doesn’t pay for 100 chairs. A resells them to C.
6. Right to Sue for the Price (Section 55)

Text: The seller can file a case against the buyer if the buyer refuses to pay the price.
Explanation: If the buyer accepts the goods but doesn’t pay, the seller can go to court.
Example: A delivers goods to B, but B refuses to pay. A can sue B for the amount.

7. Right to Sue for Damages (Section 56-59)

Text: If the buyer wrongfully refuses goods, the seller can claim damages.
Explanation: The seller can go to court and ask for compensation if he suffers a loss because
the buyer didn’t fulfill his promise.
Example: A prepares 100 customised T-shirts for B, but B cancels the order. A can claim
money for the loss.

RIGHTS OF THE BUYER UNDER THE SALE OF


GOODS ACT, 1930
1. Right to Have Delivery (Section 31)

Text: The buyer has the right to get the goods after paying or offering to pay.
Explanation: If the buyer pays the price, he must get the goods from the seller.
Example: B pays for a laptop. A must give the laptop to B.

2. Right to Reject Goods (Section 37, 41, 42)

Text: The buyer can reject goods if they are not as per the contract.
Explanation: If the goods are damaged, wrong in quantity or quality, or not as promised, the
buyer can refuse to accept them.
Example: B orders 50 red shirts, but A sends 50 blue ones. B can reject them.

3. Right to Examine Goods (Section 41)

Text: The buyer can check the goods before accepting them.
Explanation: He has the right to inspect the goods to make sure they are correct.
Example: B checks apples for freshness before accepting the basket.
4. Right to Sue for Non-Delivery (Section 57)

Text: If the seller doesn’t deliver the goods, the buyer can sue him.
Explanation: The buyer can go to court if the seller refuses or fails to deliver the goods.
Example: B pays for goods, but A refuses to deliver them. B can file a case.

5. Right to Sue for Damages (Section 57-61)

Text: If the seller breaks the contract, the buyer can claim damages.
Explanation: If the buyer suffers loss because the seller failed to perform the contract, he can
claim compensation.
Example: A fails to deliver perishable goods on time. B can claim damages due to spoilage.

6. Right to Sue for Specific Performance (Section 58)

Text: The buyer can ask the court to force the seller to perform the contract.
Explanation: If the goods are unique or special, the buyer can ask the court to order delivery.
Example: A agrees to sell an antique statue to B, but refuses later. B can ask the court to
make A deliver it.

7. Right to Recover Price Paid (Section 61)

Text: If the contract is cancelled or goods are not delivered, the buyer can get his money
back.
Explanation: If the buyer has paid and the seller doesn’t deliver, the buyer can demand a
refund.
Example: B pays for a washing machine, but A never sends it. B can ask for a refund.

BARE ACT & GOVERNMENT SOURCES

1. India Code - The Sale of Goods Act, 1930


(Official Government of India bare act portal)
2. Bare Act PDF - Legislative.gov.in
(Downloadable PDF of the official bare act)
LEGAL COMMENTARY & ANALYSIS

3. Legal Service India – Sale of Goods Act Explained


(Simple explanation with examples and legal commentary)
4. iPleaders – Notes on Sale of Goods Act
(Detailed blog with practical examples and student-friendly format)
5. Law Times Journal – Sale of Goods Act Summary
(Quick reference with major sections explained in easy language)

CASE LAWS & JUDGMENTS

6. Indian Kanoon – All Judgments on Sale of Goods Act


(Searchable database of all case laws related to the Act)
7. Bareactslive.com – Sale of Goods Act with Case Notes
(Includes section-wise text with select judicial comments)

STUDY RESOURCES FOR STUDENTS

8. Academia.edu – Sale of Goods Act Law Notes


(Upload of notes and project reports by law students and professors)
9. LawBhoomi – Sale of Goods Act Simplified
(Great for quick revisions and competitive exams)
10. Juris Academy – Law Notes for Judiciary Prep
(Well-structured notes aimed at judicial service exam aspirants)

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