CONDITIONS, WARRANTIES & RIGHTS OF
AN UNPAID SELLER

Submitted to:-

Pro. Shweta Bambuvala
Submitted by:

Jigisha Dave ( ...
A stipulation in a contract of sale with reference
to goods which are the subject thereof maybe a
condition or a warranty ...


A condition is a stipulation which is
essential to the main purpose of contract.



Its non-fulfillment upsets the ver...




A warranty is a stipulation which is
collateral to the main purpose of the
contract.
It is not of such vital importa...




Difference as to nature.
Difference as to breach.
Difference as to treatment.



Voluntary waiver of condition.[ Sec. 13
(1)]
Acceptance of goods by buyer.[ Sec.
13(2)]






In contract of sale of goods conditions and
warranties may be express or implied.
Express conditions and warrant...









Conditions as to title [Sec. 14 (a)].
Sales by description ( Sec. 15 ).
Sales by description as well as by...






Warranty of quiet possession [ Sec. 14
(b)].
Warranty of freedom from encumbrances
[ Sec. 14 (c)].
Warranty as t...


This means ‘let the buyer beware’, that
is , in a contract of sale of a goods he
seller is under no duty to reveal
unfl...
Implied conditions and warranties in a
contract of sale may be negative or
varied by
 Express agreement between the parti...
RIGHTS OF AN UNPAID SELLER
CHAPTER V

CONTENTS:


Understanding the meaning of an Unpaid seller



Unpaid seller’s Right...
Understanding The Meaning Of An Unpaid
Seller
U/Sec. 45

(1)The seller of goods is deemed to be an "unpaid
seller" when:
(...
Unpaid Seller’s Rights Against The Goods
U/Sec. 46

(1)When the property in the goods has been
transferred:
i) RIGHT OF LI...
iii) RIGHT OF RE-SALE: The unpaid seller can re-sell the goods.
when;
a) Goods are Of a perishable in nature;
b) Notice pr...
Unpaid seller’s Rights Against buyer
personally

*Right to sue for price
*Right to sue for damages
*Rights to repudiation ...
Remedies for breach of contract of

sale


1. Seller’s suits







i) Suit for price (Sec. 55)
ii) Suit for damages...
Case Study
Indian steel and Wire Production Ltd
(Appellant)
Vs

State of Madras (Responded)
AIR 1968 SC 478
THANK YOU
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Conditions, warranties & rights of an unpaid seller

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Conditions, warranties & rights of an unpaid seller. Here you can understand law regarding unpaid seller.

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  • Conditions, warranties & rights of an unpaid seller

    1. 1. CONDITIONS, WARRANTIES & RIGHTS OF AN UNPAID SELLER Submitted to:- Pro. Shweta Bambuvala Submitted by: Jigisha Dave ( NR10120)
    2. 2. A stipulation in a contract of sale with reference to goods which are the subject thereof maybe a condition or a warranty [ Sec 12 (1)]
    3. 3.  A condition is a stipulation which is essential to the main purpose of contract.  Its non-fulfillment upsets the very basis of the contract.
    4. 4.   A warranty is a stipulation which is collateral to the main purpose of the contract. It is not of such vital importance as a condition is.
    5. 5.    Difference as to nature. Difference as to breach. Difference as to treatment.
    6. 6.   Voluntary waiver of condition.[ Sec. 13 (1)] Acceptance of goods by buyer.[ Sec. 13(2)]
    7. 7.     In contract of sale of goods conditions and warranties may be express or implied. Express conditions and warranties are those which are expressly provided in a contract. Implied conditions and warranties ( Sec. 14 to 17 ) Express warranty or conditions is inconsistent with the implied warranty or conditions. [ Sec. 16 (4)].
    8. 8.        Conditions as to title [Sec. 14 (a)]. Sales by description ( Sec. 15 ). Sales by description as well as by sample. Condition as to quality or fitness [ Sec. 16 (1)]. Condition as to merchantability [ Sec. 16 (2)]. Condition implied by customs [ Sec. 16 (3)]. Sale by sample ( Sec. 17 ). Condition as to wholesomeness.
    9. 9.     Warranty of quiet possession [ Sec. 14 (b)]. Warranty of freedom from encumbrances [ Sec. 14 (c)]. Warranty as to quality or fitness by usage of trade [ Sec. 16 (4)]. Warranty to disclose dangerous nature of goods.
    10. 10.  This means ‘let the buyer beware’, that is , in a contract of sale of a goods he seller is under no duty to reveal unflattering truths about the goods sold.
    11. 11. Implied conditions and warranties in a contract of sale may be negative or varied by  Express agreement between the parties.  The course of dealing between them.  The custom or usage of trades.
    12. 12. RIGHTS OF AN UNPAID SELLER CHAPTER V CONTENTS:  Understanding the meaning of an Unpaid seller  Unpaid seller’s Rights Against the Goods  Unpaid seller’s Rights Against buyer personally
    13. 13. Understanding The Meaning Of An Unpaid Seller U/Sec. 45 (1)The seller of goods is deemed to be an "unpaid seller" when: (a) the whole of the price has not been paid or tendered; (b) a bill of exchange or any other negotiable instrument has been received as a conditional payment but which is subsequently dishonoured. (2)The term “seller” in this chapter include every person in the position of a seller.
    14. 14. Unpaid Seller’s Rights Against The Goods U/Sec. 46 (1)When the property in the goods has been transferred: i) RIGHT OF LIEN: A lien is a right to retain possession of goods until payment of the price. Its available when; a) Goods sold without any condition b) Goods sold on credit but the period has expired c) The buyer becomes insolvent ii) RIGHT OF STOPPAGE IN TRANSIT: It’s the right of stopping the goods in transit after the unpaid seller has parted with the possession of the goods. It is possible when; a) The buyer becomes insolvent; and b) Goods are in transit
    15. 15. iii) RIGHT OF RE-SALE: The unpaid seller can re-sell the goods. when; a) Goods are Of a perishable in nature; b) Notice provided to the buyer for the intention of resell but he isn’t paying within a reasonable time; c) Expressly reserves the right of resale. (2)When the property in the goods has not been transferred: i) RIGHT OF WITHHOLDING DELIVERY: When the goods are not passed to buyer, the seller can’t acquire the ‘rights of lien’ but gets a right of withholding the delivery of goods.
    16. 16. Unpaid seller’s Rights Against buyer personally *Right to sue for price *Right to sue for damages *Rights to repudiation of contract *Right to sue for interest
    17. 17. Remedies for breach of contract of sale  1. Seller’s suits      i) Suit for price (Sec. 55) ii) Suit for damages for non-acceptance of the goods (Sec. 56) iii) Suit for damages for repudiation of contract by the buyer before due date (Sec. 60) iv) Suit for interest [Sec. 61 (2)(a)] 2. Buyer’s suits      i) Suit for damages for non-delivery of goods (Sec. 57) ii) Suit for specific performance (Sec. 58) iii) Suit for breach of warrenty(Sec.59) iv) Suit for damages for repudiation of contract by the seller before due date (Sec. 60) v) Suit for interest [Sec. 61 (2)(b)]
    18. 18. Case Study Indian steel and Wire Production Ltd (Appellant) Vs State of Madras (Responded) AIR 1968 SC 478
    19. 19. THANK YOU
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