PPT - Rights of an Unpaid Seller B Com Notes | EduRev

Business Law

Created by: Universal Academy

B Com : PPT - Rights of an Unpaid Seller B Com Notes | EduRev

 Page 2


? A seller of goods is deemed to be an unpaid seller
when:-
• The whole of the price has not been paid or
tendered;
• A bill of exchange or other negotiable instrument
has been received as a conditional payment, and
the condition on which it was received has not
been fulfilled by reason of the dishonour of the
instrument or otherwise.
Page 3


? A seller of goods is deemed to be an unpaid seller
when:-
• The whole of the price has not been paid or
tendered;
• A bill of exchange or other negotiable instrument
has been received as a conditional payment, and
the condition on which it was received has not
been fulfilled by reason of the dishonour of the
instrument or otherwise.
? The term "seller" includes any person who is in the 
position of a seller, as, for instance, an agent of the seller 
to whom the bill of lading has been endorsed, or a 
consignor or agent who has himself paid, or is directly 
responsible for, the price.
? The seller shall be called an unpaid seller even when only 
a small portion of the price remains to be unpaid.
? It is for the non payment of the price and not for other 
expenses that a seller is termed as an unpaid seller.
? Where the full price has been tendered by the buyer and 
the seller refused to accept it, the seller cannot be called 
as unpaid seller.
Page 4


? A seller of goods is deemed to be an unpaid seller
when:-
• The whole of the price has not been paid or
tendered;
• A bill of exchange or other negotiable instrument
has been received as a conditional payment, and
the condition on which it was received has not
been fulfilled by reason of the dishonour of the
instrument or otherwise.
? The term "seller" includes any person who is in the 
position of a seller, as, for instance, an agent of the seller 
to whom the bill of lading has been endorsed, or a 
consignor or agent who has himself paid, or is directly 
responsible for, the price.
? The seller shall be called an unpaid seller even when only 
a small portion of the price remains to be unpaid.
? It is for the non payment of the price and not for other 
expenses that a seller is termed as an unpaid seller.
? Where the full price has been tendered by the buyer and 
the seller refused to accept it, the seller cannot be called 
as unpaid seller.
? Where the goods have been sold on credit, 
the seller cannot be called as an unpaid seller. 
Unless :
? If during the credit period seller becomes 
insolvent, or
? On the expiry of the credit period, if the price 
remains unpaid, then, only the seller will 
become an unpaid seller.
Page 5


? A seller of goods is deemed to be an unpaid seller
when:-
• The whole of the price has not been paid or
tendered;
• A bill of exchange or other negotiable instrument
has been received as a conditional payment, and
the condition on which it was received has not
been fulfilled by reason of the dishonour of the
instrument or otherwise.
? The term "seller" includes any person who is in the 
position of a seller, as, for instance, an agent of the seller 
to whom the bill of lading has been endorsed, or a 
consignor or agent who has himself paid, or is directly 
responsible for, the price.
? The seller shall be called an unpaid seller even when only 
a small portion of the price remains to be unpaid.
? It is for the non payment of the price and not for other 
expenses that a seller is termed as an unpaid seller.
? Where the full price has been tendered by the buyer and 
the seller refused to accept it, the seller cannot be called 
as unpaid seller.
? Where the goods have been sold on credit, 
the seller cannot be called as an unpaid seller. 
Unless :
? If during the credit period seller becomes 
insolvent, or
? On the expiry of the credit period, if the price 
remains unpaid, then, only the seller will 
become an unpaid seller.
1) Right against goods:
Where the property in the goods has passed
? Lien on goods
? A right of stoppage-in-transit
? A right of Re-sale
Where the property in the goods has not passed
? Withholding delivery
? Stoppage in transit
2) Right against the buyer:
? Suit for price
? Suit for damages
? Repudiation o contract
? Suit for interest
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