Question

Which is not a right of an unpaid seller against the goods

• A. Lien
• B. Stoppage in transit
• C. Right of resale
• D. To ascertain price

Hint:

Remember the three key rights of an unpaid seller against the goods: Lien, Stoppage in Transit, and Resale. These are the seller's ways of retaining or reclaiming the goods when the buyer defaults on payment.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks to identify which of the given options is not a right of an unpaid seller against the goods themselves, as provided under the Sale of Goods Act, 1930.

Step 2: Detailed Explanation:
An unpaid seller is one who has not been paid the full price of the goods sold. Chapter V of the Sale of Goods Act, 1930 (Sections 45 to 54) deals with the "Rights of Unpaid Seller against the Goods."
Section 46(1) of the Act lists the three main rights of an unpaid seller against the goods:
(a) A lien on the goods for the price while he is in possession of them;
(b) In case of the insolvency of the buyer, a right of stopping the goods in transit after he has parted with the possession of them;
(c) A right of re-sale as limited by this Act.
These are the three primary remedies the seller has concerning the goods themselves.
- (D) To ascertain price: The ascertainment of price is a part of the formation of the contract of sale (Section 9 and 10), not a remedy or a right that arises after the seller becomes an unpaid seller. The price is already determined by the contract. This is not a right against the goods.

Step 3: Final Answer:
The right to ascertain the price is not a right of an unpaid seller against the goods.