[Commerce Class Notes] on Rights of Unpaid Seller Against Buyer Pdf for Exam

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The place where we can find buyers and sellers is nothing but the market. To make the selling of goods ethical and fair practices, a new act called the sales of goods act came into force on 1st July of 1930. The sales of goods act consist of all the contracts and agreements between the sellers. Also, it specifies the phenomenon of reciprocal promises. But the reciprocal promises were first initiated in the Indian contract act 1872 itself.

 

Generally, the seller has to provide goods to his customer, and this buyer needs to pay the exact amount for which he received the goods. If it is done normally, there is no need for the laws. So if any malpractices or mistakes may take place, the act specified certain rights of the unpaid seller against the buyer. We will see those rights in detail.

 

Unpaid Seller

 If a seller, who is unable to get the payment even after delivering the goods and also if the seller fails to receive either money or instrumental benefit in return of his goods due to misleading of the buyer is known as an unpaid seller. So to make proper Justice to the unpaid seller, the sales of goods act provided two kinds of Rights. They are-

Rights of the Seller against the Buyer

• Suit for Price: It is the first and foremost right of an unpaid seller against the buyer. It is used whenever the seller has delivered all his goals to the buyer, and the buyer refuses to pay the amount then he can make use of his right and file a case against the buyer by suing for price. The sales of goods act clearly to explain that the seller has to receive the payment from the buyer after delivering the goods.

• Suit for Damages: This right is beneficial to the seller when the buyer refuses to take the goods, and it causes certain damage to the goods then the seller can file against the buyer for the damage of goods because of his non-acceptance. For instance, food products, dairy products will get damaged if the buyer refuses to take them, once the order has been placed.

• Suit for Interest: Generally, the buyer and seller will make a contract or agreement to provide goods at one particular time, and the payment will be made after being sure. Of time with interest rate. This contract is made with the acceptance of both parties. But if the buyer refuses to pay interest or less rate of interest during the time of payment, then the seller has a right to sue for the interest for goods that he has delivered earlier.

• Rejection of Contract: If the buyer refuses to continue the contract or if he rejects the contract in the middle itself without any prior notice and genuine reason, the seller has the right to sue for the contradiction of the contract before the due date. It is also available in the Indian contract act due to the name of anticipatory breach of contract. Breach of contract means quitting either of the parties from the contract without any reason or any information.

Significance of the Rights of Buyers and Sellers

These are the various rights of an unpaid seller again as to the buyer. Besides these rights, the sales of goods act also specify certain remedies of the buyer against the seller. Because every time there is an equal chance of misleading the contract by both sellers as well as buyers. So to protect the buyer also, the ACT provides specific remedies of the buyer against the seller. Let’s try to understand those remedies in detail.

 

Remedies of the Buyer Against the Seller

• Sue for Damage: The buyer also has the option to sue for damage or can sue for non-delivered goods in the specified time by the seller. Because without goods, the buyer fails to perform his required activity at that time.

• Performance-Based Suit: If the seller refuses to deliver the goods or he may breach the contract before the due date, then the buyer can take help from the court to file a case against the seller.

• Suit for Warranty: If the seller promises to provide the goods with a specific warranty and fails to do it or refuses to do it while delivering the goods, then the buyer can sue for the warranty as well as can reduce the amount to be paid for the goods.

• Repudiation of Contract: It is common for both the seller as well as the buyer. Similar to the seller, the buyer also can have an equal chance to file against the seller if he refuses to continue the contract or he breaches the contract in the middle or before the due date.

• Sue for the Interest: The buyer has the right to claim for the interest for damaged goods or for the delay in delivering the goods against the seller.

Hence we can understand the rights of an unpaid seller against the buyer and also the remedies of the buyer against the seller.