19-12-2012, 06:34 PM
RIGHTS OF UNPAID SELLER AGAINST THE BUYER PERSONALLY
1RIGHTS OF UNPAID.ppt (Size: 302 KB / Downloads: 28)
In addition to rights against goods, seller has following three rights against buyer personally.
(1) Suit for price [Sec 55]: Seller can file a suit for prize if buyer wrongly neglects or refuse to pay after the contract of sale of goods. Irrespective to either goods are delivered or not.
Normally happens when goods have been manufactured to some special orders.
(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 or 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.
(3)Suit for special damages & 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 are made the contract, to be likely to result from the breach of it”.
SPECIAL POINTS…
This petition has been filed for seeking interim measures of protection which include restraining the respondent or its agents from alienating, encumbering, disposing of, selling, destroying, etc., the goods in question and in allowing the petitioner to remove the said goods from the warehouse of M/s Sagar Warehousing Corporation and shift the same to its premises at Mumbai.