The Rights of the Unpaid Seller deal with the rights that an unpaid seller holds if the buyer fails to pay up as per their agreement for the sale of a particular good. Such rights play a central role in the protection of the financial interest of the seller, and if there is non-payment, he would never be left with nothing in such cases, providing such opportunities towards reclaiming goods or even posing claims for damages. It discusses various rights available to an unpaid seller, including the right of lien and stoppage of goods in transit and legal frameworks provided by the Sale of Goods Act.
Rights of Lien
Rights of Lien refer to the seller’s right to retain possession of the goods until the buyer fulfills their payment obligations. This right is exercised when the buyer fails to pay the price within the agreed period. The seller can retain the goods even if they have been partially delivered but payment is still outstanding for the remaining portion. Understanding the rights of lien is essential for businesses to manage their assets and reduce risks in transactions.
- Possessory Lien: The lien is only valid as long as the seller retains possession of the goods.
- Applicable in Certain Cases: This right can be invoked when the sale is on credit and the term has expired, or the buyer becomes insolvent.
Lien in Case of Part Delivery of Goods – Section 48
Section 48 of the Sale of Goods Act defines Lien in Case of Part Delivery of Goods, whereby the seller still maintains a right of lien on the undelivered goods in case he delivers only part of the goods. Thus, the unpaid seller is assured that his claim over the goods shall not be lost until and unless he gets the full payment. This provision is utmostly essential to protect the interest of the seller in respect of incomplete delivery.
- Partial Delivery: The seller’s lien remains intact on the undelivered part of the goods even if a portion has been delivered to the buyer.
- Securing Payment: This right ensures the seller’s financial security, preventing the buyer from taking full possession of goods without payment.
Right of the Seller Against the Buyer in Stoppage of Goods in Transit
The right of the seller against the buyer in stoppage of goods in transit allows the seller to stop the goods even if they have been consigned to a carrier for delivery because the seller gets knowledge that the buyer has become insolvent. The stopping of the goods in transit is prevented by inhibiting it. This prevents a monetary loss that may result from the insolvency of the buyer.
- Prevention of Delivery: The seller can instruct the carrier not to deliver the goods to the insolvent buyer.
- Resale or Disposal: Upon stoppage, the seller may retain the goods or resell them to recover the unpaid amount.
Duration of Transit (Section 51)
Under Section 51 of the Sale of Goods Act, Duration of Transit refers to the time when the right to stop the goods in transit may be exercised by the seller. It will be the time from the moment of handing the goods over to the carrier to that of the goods reaching the buyer or his agent. That knowledge is important to a seller so that he may well take the legally permissible action within the set time.
- End of Transit: Once the buyer or their agent takes possession of the goods, the seller loses the right to stop the goods in transit.
- Carrier’s Role: The goods are considered in transit as long as they are in the possession of the carrier and have not reached the buyer.
What is Section 27 of the Sale of Goods Act?
Section 27 of the Sale of Goods Act stipulated that, unless and until otherwise appears from the terms of the contract, title in the goods shall pass to the buyer upon acceptance of the offer. The section further elaborated on the sellers’ duty to deliver and the buyers’ obligation to accept and pay for the goods. Section 27 is specifically fundamental in determining the rights and obligations of parties to any sales transaction.
- Transfer of Ownership: Specifies when the ownership and risk pass from the seller to the buyer.
- Seller’s Remedies: Details the actions that a seller can take if the buyer fails to pay for the goods.
Conclusion
Rights of Unpaid Sellers The rights of unpaid sellers are vital in safeguarding the seller against eventual losses in case a buyer fails to pay for the goods. The right of lien and stoppage in transit, among others in the Sale of Goods Act, all present legal avenues through which a seller may recover his goods or alternatively seek compensation for the same. Such knowledge can, therefore, be used by businesses to shore up transactions, thus avoiding risks.
Rights of Unpaid Seller FAQs
What is the right of lien for an unpaid seller?
Right of lien allows a seller to hold the goods back till the price is paid by the buyer as agreed.
How does stoppage in transit protect the rights of an unpaid seller?
Stoppage in transit allows the seller to seize the goods before they reach the destination if the buyer becomes insolvent.
What if only some of the goods are delivered?
According to Section 48, the right of lien upon the undelivered goods is reserved to the seller until he receives full payment.
When does the right of stoppage in transit terminate?
The right terminates when the buyer or his agent takes delivery of the goods from the carrier.
What does Section 27 of the Sale of Goods Act provide?
Section 27 provides for the transmission of property from the seller to the buyer and the associated rights and obligations of the seller.
