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 (keep them), Stoppage in transit (get them back), and Resale (sell them to someone else).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The Sale of Goods Act, 1930, grants specific rights to a seller who has not been paid the full price of the goods. These rights are in addition to the right to sue for the price.

Step 2: Detailed Explanation:
An unpaid seller has two types of rights: rights against the goods and rights against the buyer personally. The rights against the goods themselves are provided in Section 46 of the Act:
- (A) Right of Lien (Section 47): The right to retain possession of the goods until the price is paid, provided the property in the goods has passed to the buyer.
- (B) Right of Stoppage in Transit (Section 50): If the buyer becomes insolvent, the seller can stop the goods while they are in transit with a carrier.
- (C) Right of Resale (Section 54): The seller can resell the goods under certain conditions (e.g., if the goods are perishable or if the seller gives notice to the buyer).
(D) To ascertain price is not a right of an unpaid seller. The price is a fundamental term of the contract of sale that must be ascertained or determined as per the contract itself (Section 9 and 10 of the Act). It is a precondition of the contract, not a remedy for its breach.

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