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Remedies of the seller (s54 additional claim for (interest, special…

- - - - ownership in goods
        
        with buyer
        
        lien (rights in possession)
        
        only when property passed to B
        
        only in relation to price. prev debts and disputes not relevant (or claim in damages where B fails to take delivery)
        
        termination
        
        seller in possession needed (in ay capacity)
        
        lose possession when s43(1)
        
        3 more items...
        
        retain (rights in possession)
        
        s41
        
        goods sold without any stipulation as to credit
        
        goods sold on credit but term expired
        
        B becomes insolvent
        
        ceased to pay debts in the ordinary course of business
        
        he cannot pay his debts as they become due
        
        severable contract - each installment paid for separately
        
        seller cannot withhold delivery and charge lien over one of the installments to compel B to pay for other installments
        
        however, if failure to pay = repudiatory breach then seller excused from further performance of his cont obligations
        
        .
        
        stoppage in transit
        
        B must be insolvent
        
        ceased to pay debts in ordinary course of business or fail to pay them as they become due
        
        s44
        
        parted with possession if he passes possession to a carrier independent of himself
        
        only then stoppage apply
        
        transit comes to an end when delivery made
        
        could be made before destination arrived or carrier unlawfully refuses to deliver
        
        taking actual possession of the goods
        
        giving notice of his claim to the carrier
        
        he must redeliver the goods to or according to directions of the seller
        
        5 more items...
        
        resale
        
        s47(1)
        
        seller's right to lien or retention or stoppage is not affected by any sale/other disposition by B unless the seller has assented to it
        
        Mordaunt Brothers v BOCM
        
        acknowledging the orders and entering then in the ledgers :no_entry:assent
        
        assent must be given in such circumstances to show an intention on part of seller to renounce his rights against the goods
        
        1 more item...
        
        s47(2)
        
        doc of title to goods lawfully transferred to any person as B or owner of the goods and that person transfer the doc to a person who take it in good faith for valuable consideration then
        
        seller's rights when last transfer by way of sale :forbidden:
        
        way of pledge or other disposition for value unpaid seller's right subject to rights of the transferee :red_flag:
        
        Ant Jurgens v Louis Dreyfus
        
        Seller has delivered or transferred docs of title to goods
        
        2 more items...
        
        s48
        
        contract not rescinded merely because S exercised right
        
        resale by unpaid seller - B acquires good title
        
        no need for this B to have good faith w/o notice
        
        perishable nature of goods or notice of intention to resell
        
        B not respond within reasonable time - may resell and recover from original B damages for any loss due to his breach
        
        seller expressly reserves the right to resell on B's default
        
        default - contract rescinded. seller claim damages :check:
        
        property reverts to seller in case of default
        
        resale
        
        3 more items...
        
        FA s8/SGA s24
        
        applies seller paid/unpaid
        
        seller continues or is in possession or docs of title
        
        bona fide purchaser without notice
        
        goods or docs to title delivered to second B
        
        benefit of sub B and someone who takes under pledge or other disposition of goods
        
        s48(2)
        
        only when seller unpaid
        
        only when seller exercise rights (lien etc)
        
        applies irrespective of good faith and without notice o
        
        whether or not goods delivered to 2nd B
        
        only in case of resale of the goods
        
        not with buyer
        
        right to withhold delivery coextensive with his right of retention and stoppage in transit
- - - - price
        
        s49(1)
        
        property in goods passed to B and he wrongfully neglects or refuses to pay for goods according to terns of the contract
        
        failure to pay not wrongful unless price is due under terms of contract
        
        only available when property in the goods have passed to B
        
        FG wilson v John Holt
        
        legitimate reason for refusal - remedy :red_cross:
        
        expressly provide for date of payment and exclude property pass requirement
        
        s49(2)
        
        contract for sale
        
        price payable on certain date irrespective of delivery
        
        :check:
        
        price payable on delivery even if date of delivery agreed :red_cross:
        
        debt claim
        
        remoteness causation and mitigation :forbidden:
        
        assessment/contributory negligence :forbidden:
      - damages for non acceptance
        
        s50(1)
        
        wrongfully neglects or refuses to accept and pay for goods
        
        s50(2)
        
        measuring
        
        estimated loss directly and naturally resulting in ordinary course of business from breach
        
        whether seller already procured or manufactured goods at time of breach
        
        yes
        
        contract price - value of goods at time of breach
        
        2 more items...
        
        no
        
        profit he would have made on contract but for breach
- - - - liable for loss caused by neglect / refusal and reasonable cost of care and custody of goods
      - failure or refusal :no_entry: breach always
      - wrongful refusal or neglect needed