Distinguish between Right of Lien and Stoppage in transit under Sale of Goods Act, 1930.
CS Executive · Economic, Business and Commercial Laws · PYQS · June 2024
Distinguish between Right of Lien and Stoppage in transit under Sale of Goods Act, 1930.
Answer & Explanation:
Right of Lien under Sale of Goods Act, 1930 An unpaid seller in possession of goods sold, may exercise his lien on the goods, i.e., keep the goods in his possession and refuse to deliver them to the buyer until the fulfilment or tender of the price in case where: the goods have been sold without stipulation as to credit or the goods have been sold in credit, but the terms of credit have expired; or buyer becomes insolvent. Lien can be exercised as long as seller is in possession of the goods. The lien depends on physical possession. The seller's lien is possessory lien, so that it can be exercised only so long as the seller is in possession of the goods. It can only be exercised for the non-payment of the price and not for any other charges. Stoppage in transit under Sale of Goods Act, 1930 Right to stoppage is stopping the goods while they are in transit, resuming possession of them and retaining possession until payment of the price. The right to stop the goods is available the buyer becomes insolvent. the goods are in transit. The buyer is insolvent if he has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due. It is not necessary that he has actually been declared insolvent by the court. The goods are in transit from the time they are delivered to a carrier or other bailee like a wharfinger or warehouse keeper for the purpose of transmission to the buyer and until the buyer takes delivery of them.
Topics: Sale of Goods Act, 1930
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