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RIGHTS AND REMEDIES?1.
1. 2.RIGHTS AND REMEDIES OF THE SELLER UK PROVISIONS Rights and remedies of seller against goods Unpaid seller = when whole of price not paid or when payment conditional + condition not fulfilled (SGA 38(1)) Rights of unpaid seller (1) right of lien; (2) right of stopping goods in transit; (3) right of re-sale (SGA 39(1)) 'Unpaid Seller' (SGA S 38)
- Where whole of price has not been paid
- When BoE or other conditional instrument received and condition not fulfilled, instrument dishonoured Seller's lien on the goods:
- SGA 41? unpaid S in possession of goods entitled to retain possession: a) Until paid; b) Where any credit period has expired or c) Where B has become insolvent S43? right of lien lost if goods paid for, consigned to carrier without ROT or where B has possession of goods or by waiver of S Stoppage in transit:
- SGA 44 & 46? S may stop goods in transit where B has become insolvent, and retain them until paid
- SGA 46(1): stopping could either be: a) Taking actual possession of goods; or b) By giving notice of S's claim to carrier.
- Limited? only used where B becomes insolvent; can be lost if B intercepts goods before S exercises right Re-sale by seller:
- SGA 48(3)? unpaid S can re-sell goods where: a) Goods are perishable b) S gives notice to B of intention to do so
- Limit: S must give B notice + wait to see if B tenders price within a reasonable time
- Unpaid S who re-sells goods passes good title (must be in possession - have lien/right to stoppage in transit)
- Original contract rescinded; B obligations to pay discharged; however S can sue B for damages if suffers loss Personal rights of unpaid seller Action for the price (SGA 49):
- S can sue B for price if B has property in goods but has not paid or if price due on 'a day certain' (SGA 49) a) SGA 49(1)? S can bring action only if ownership has passed (check ROT clause) +
B fails / refuses to pay b) SGA 49(2)? S has limited right to bring action for price, irrespective of whether ownership has passed, where price is payable on 'a day certain' and B refuses to pay
- Thus S does not necessarily have right, depends on ownership of goods in question Non-acceptance of goods (assessment of damages SGA 50)):
- Where B has wrongfully refused to accept or pay for goods, S can sue B for damages (SGA 50).
- Section 50(2)? mirrors first limb of Hadley v Baxendale
- SGA 50(3)? lays down basis for assessment: difference btw contract price and market / current price at time when goods ought to have been accepted or (if not fixed) at time of refusal to accept
- Where no available market, measure of damages is contract value of goods plus direct expense caused to S Seller who is not in possession of goods (SGA 17 & 19) SGA 17 and 19? right to reserve title to goods
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