Effect of Strategic Management on Organization Performance

1765 WordsJan 27, 20118 Pages
1. other things like delivery of goods etc. Transfer of title-Sections 27-30 Sale by mercantile agent Sale by one of the joint owners Sale by a person in possession under a voidable contract 2 Dr Subhash Gupta 2. Sales of Goods Act Sale by one who has already sold the goods but continues in position thereof Sale by buyer opting possession before the property in the goods vested in him Sale by an unpaid seller Sale under the provisions of other Acts Transfer ownership and delivery of goods Passing of property-Sections 18-26 Essentials of appropriation Reservation of right to disposal-Section 25 Passing of risk-Section 26 Exceptions to the doctrine of “Caveat Emptor” Sale and agreement to sell (points of distinction) (i) Nature of…show more content…
6 Dr Subhash Gupta 6. Sales of Goods Act (a) Rights of unpaid seller against the goods sold: (i) Where the property in the goods sold has been passed, he has the following rights [Section 46 (1)]. (1)Right of Lien [Section 47 to 49]. (2)Right of stoppage of goods in transit [Section 50 to 52]. (3)Right of resale [Section 54]. (ii) Where the property in the goods has not been transferred, he gets the following two rights [Section 42(2)]. (1)Withholding the delivery of goods, and (2)Stoppage in transit. (b) Rights against the buyer personally: Following four rights, the unpaid seller gets against the buyer: (1)Suit for price [Section 55]. (2)Suit for damages [Section 56]. (3)Repudiation of contract [Section 60]. (4)Suit for interest [Section 61]. The rights of the unpaid seller also can be shown diagrammatically as follows: 7 Dr Subhash Gupta 7. Sales of Goods Act Rights of an unpaid seller against the goods Right of lien [Section 47 to 49] Termination of Lien [Section 49] The unpaid seller loses his lien on the goods sold: (a)when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods; (b)when the buyer or his agent lawfully obtains possession of the goods; (c)by waiver of his lien. This means the unpaid seller loses his lien on the goods when the seller voluntarily abandons his right of lien on the goods. He may do this either expressely or
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