The document discusses the rights of an unpaid seller under Indian law. It outlines three key rights against the goods: (1) the right to lien or retain the goods until payment; (2) the right to stop goods in transit until payment; and (3) the right to resell perishable or expressly reserved goods if the buyer defaults. It also describes two rights against the buyer personally: (1) the right to sue for the price of the goods; and (2) the right to sue for damages for non-acceptance or breach of contract. The unpaid seller can also sue for special damages, interest, and losses known to both parties.

1. TOPIC Rights Of Unpaid Seller

2. When the seller is Unpaid Seller ?
a. Whole price not paid/tendered.
b. Bill of exchange, other Negotiable Instrument Received for conditional
But dishonoured.
payment
CHARACTERISTICS OF UNPAID SELLER
a) Sell goods on cash b) Unpaid wholly/partly c) Not
refuse to accept
terms & Unpaid.

3. RIGHTS OF UNPAID SELLER
Rights
against the
Goods
Rights
against the
buyer
personally

4. AGAINST THE GOODS
1. Rights to Lien
- It is right to retain goods & refuse to deliver to buyer until Price due is
Paid/Tendered.
Unpaid seller entitled to Lien Goods:-
a. Goods sold without any stipulation as to credit.
b. Goods sold on credit but credit period expired.
c. Buyer becomes Insolvent, even though the credit period is not expired.

5. 2. Right to Stoppage of Goods in Transit
- It means the right of Stopping further transit of the goods while
they are with a carrier for the purpose of transmission to the buyer,
until the payment.
3. Right to Resale
- Right of resale is the very valuable right given to the unpaid seller.
In following cases the seller can resale the goods. ---
i. Perishable Goods.
ii. Expressly reserved in the contract against the buyer’s defaults.
iii. Seller given notice to buyer intension to resell &
Buyer does not pay within the reasonable time.

6. AGAINST THE BUYER PERSONALLY
1. Suit for Price
- Property in Goods transfer Buyer & amount is payable at a
certain date; although the property is not transfer Buyer. And
buyer neglect or refuse to pay. According to the terms of contract.
Seller can file a suit against the Buyer.
2. Suit for Damages for Non-acceptance.
-Where the buyer neglects/refuse for the acceptance of goods, seller
may sue the buyer for the non-acceptance.The seller’s remedy in this
case is for only damages not for the full price of the goods.

7. 3. Suit for Special Damages & Interest
- Seller can sue the buyer for the special losses occur to him & also for
loss “Which the parties knew while entering into contract; resulting
from the breach of it.
- The seller has right to get interest at reasonable rate on the total
unpaid price of goods until the full payment of the same.