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The seller's personal remedies against the buyer by way of action for the price of the goods or for damages for non-acceptance are discussed in chapter 8. An unpaid seller may also have certain rights in rem-against the goods themselves - rights which are of special value in the case of the buyer's insolvency or inability to pay the price or damages.
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What is Possessive form of seller?
The possessive form of "seller" is "seller's."
What are the right of unpaid seller against the buyer?
Rights of Unpaid Seller against the Buyer PersonallyThe unpaid seller, in addition to his rights against the goods as discussed above, has the following three rights of action against the buyer personally:1. Suit for price (Sec. 55). Where property in goods has passed to the buyer; or where the sale price is payable 'on a day certain', although the property in goods has not passed; and the buyer wrongfully neglects or refuses to pay the price according to the terms of the contract, the seller is entitled to sue the buyer for price, irrespective of the delivery of goods. Where the goods have not been delivered, the seller would file a suit for price normally when the goods have been manufactured to some special order and thus are unsaleable otherwise.2. Suit for damages for non-acceptance (Sec. 56). Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. The seller's remedy in this case is a suit for damages rather than an action for the full price of the goods.The damages are calculated in accordance with the rules con­tained in Section 73 of the Indian Contract Act, that is, the measure of damages is the estimated loss arising directly and naturally from the buyer's breach of contract. Where the goods have a ready market the principle applicable is that the seller may recover from the buyer damages equal to the difference between the contract price and the market price on the data of the breach of the contract. Thus, if the difference between the contract price and market price is nil, the seller can get only nominal damages ( Charter vs Sullivan). But where the goods do not have any ready market, the measure of damages will depend upon the facts of each case.For example, in Thompson Ltd. Vs Robinson the damages were assessed on the basis of profits lost. In that case, T Ltd., who were car dealers, contracted to supply a motorcar to R.R refused to accept delivery. It was found as a fact that the supply of cars exceeded the demand at the time of breach and hence in a sense there was no market price on the date of breach. Held, T Ltd., were entitled to damages for the loss of their bargain viz., the profit they would have made, as they had sold one car less than they otherwise would have sold. To take another illustration, if the goods have been manufactured to some special order and they are unsaleable and have been manufactured to some special order and they are unsaleable and have no value at all for other buyers, then the seller may even be allowed the full price of the goods as damages.1. Suit for special damages and interest (Sec.61) This Section entitles the seller to sue the buyer for 'special damages' also for such loss "which the parties knew, when they made the contract, to be likely to result from the breach of it." In fact the Section is only declaratory of the principle regarding 'special damages' laid down in Section 73 of the Indian Contract Act. The Section also recognizes unpaid seller's right to get interest at a reasonable rate on the total unpaid price of the goods sold, from the time it was due until it is actually paid. (Telu Ram Jain vs Aggarwal & Sons).(a) Suit for Damages for Non-delivery [Section 57] Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.(b) Suit for Specific Performance [Section 58] In any suit for breach of contract to deliver specific or ascertained goods, the court may direct that the contract shall be performed specifically.(c) Suit for Breach of Warranty [Section 59] Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may -(i) Set up against the seller the breach of warranty in diminution or extinction of the price; or (ii) Sue the seller for damages for breach of warranty.Note: The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he suffered further damage. [Section 59(2)]Example: X sold a second hand Radio to Y who spent Rs 100 on the repair of this Radio. This Radio was seized by the police as it was a stolen one. Y filed a suit against X for recovery of damages for breach of warranty of quite possession including the cost of repairs. It was held that Y was entitled to recover the same. [Mason v. Burmingham](d) Right to Treat the Contract as Rescinded or Operative in Case of Repudiation of Contract by Seller before due Date [Section 60] Where seller repudiates the contract before the date of delivery, the buyer may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.(e) Suit for Interest [Section 61(2)] In case of breach of the contract on the part of the seller, the buyer may sue the seller for interest from the date on which the payment was made.
What is the seller of a franchise called?
The seller of a franchise is called a 'franchisor'.
What is a seller's second mortgage?
The seller assigns keeps the first mortgage in his name, the buyer makes payments to the seller to cover the first mortgage and the sellers equity. It's sometimes called "seller financing" or "land contract".
What is ddu shipment?
DDU (Delivered Duty Unpaid)Seller fulfills his obligation to deliver when the goods have been made available at the named place in the country of importation. The seller has to bear the costs and risks involved in bringing the goods thereto (excluding duties, taxes and other official charges payable upon importation) as well as the costs and risks of carrying out customs formalities. The buyer has to pay any additional costs and to bear any risks caused by failure to clear the goods for in time.
When a seller of goods deemed to be an unpaid seller?
An unpaid seller has the following rights against goods notwithstanding the fact that the property in goods has passed to the buyer. 1. Right of lien, 2. Right of stoppage of goods in transit 3. Right of resale
What are the rights and duties of unpaid seller?
An unpaid seller has the right to get paid and the right to bring suit against a buyer who will not pay. He may have the right to place a lien on the buyer's property. On the other hand, he has the responsibility to do or deliver what was promised (in the condition it was said to be in). If there was a written contract, it may spell out other specific responsibilities.
Who is unpaid seller?
unpaid seller is the person who gives the goods to his costomer on credit & keep the balance due, exchange of bills on some condition keeps due.
What are the right and duty of unpaid seller explain?
An unpaid seller has the right to get paid and the right to bring suit against a buyer who will not pay. He may have the right to place a lien on the buyer's property. On the other hand, he has the responsibility to do or deliver what was promised (in the condition it was said to be in). If there was a written contract, it may spell out other specific responsibilities.
What are the remedies of buyers and sellers in a contract of sale?
there are two general remedies to an unpaid seller which include; Real remedies and Personal remedies.
In West Virginia are oil or gas rights separate from mineral rights?
Gas rights are separate from mineral rights. They can be sold together or separate depending on the seller and buyer.
Does title insurance protect the buyer of property against subsequent claims for unpaid condo fees?
Title insurance protects a buyer in the sense that the title insurer has scoured all public records to determine whether or not the title is 'clean', that is free from claims, encumbrance or other clouds. If the association has filed a lien against the seller for unpaid assessments, this will be a public record that the title company can find. Without a lien, the new buyer should not be subjected to the debt of a seller's unpaid assessments. If the association is billing you for unpaid assessments owed by a previous owner, you can take this evidence to a common interest community attorney who can write to the association and notify it that the debt is not yours.
What are your legal rights on garnishments on a checking account for unpaid credit dept?
none if your creditor has a judgment on you and a writ to do so
What will happen if you don't pay for items you won on eBay?
You will not receive the item. Additionally, an "Unpaid Item" will be placed on your account. According to eBay, "If you have excessive unpaid items on your account, we may limit or end your ability to buy."
If a payment is missed on a private contract does Washington State law require that interest be charged?
Greetings fellow Washingtonian! The answer to your question is that the state does not require that you collect interest. I will assume you are talking about a real estate contract (the kind where the seller finances the property--not to be confused with a mortgage or deed of trust). If you are the seller, you are not required to charge any interest at all (my, what a nice person you are). But if the R.E.C. provides for interest, and a payment is not made, then interest will accrue on the unpaid principal. If there is a late fee provided for in the contract, then the late fee may be charged, and if unpaid, the seller may initiate foreclosure proceedings.
What does it mean when a collection agency is going to file a lien?
They are going to make a claim that they have some rights over a piece of property to counterbalance some unpaid debt. It's an attempt on their part to minimize loss resulting from the unpaid debt.
What happens when financing for an auotmobile falls through and you have already driven the vehicle for a week?
In most states, when you sign an automobile purchase contract there is a line on the contract that requires signing that is usually titled "Notice of Rescission Rights" that basically gives the seller the right to rescind the the contract if the seller is unable to assign the contract to a financial institution. However, the seller must give you notice of there intent to rescind within 10 days or the seller may forfeit their rescission rights.
