The question (15 marks)
Who is an unpaid seller? Discuss his rights against the goods and against the buyer, and the consequences of a resale without notice. (15 marks)
MU Module III, unpaid seller - rights and remedies; chapter on delivery, the unpaid seller and remedies for breach.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · The Sale of Goods Act, 1930 of Contract – II.
Authorities you will need
- Section 2(8) of the Sale of Goods Act 1930, defining insolvency without any requirement of adjudication
- Section 30(2) of the Sale of Goods Act 1930, which defeats the seller's lien where the buyer obtained possession with his consent
- Mysore Sugar Co. Ltd. v. Manohar Metal Industries
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.