The unpaid seller can exercise his right of stoppage of goods in transit where the buyer

Statement I It is a pre-condition of right of stoppage in transit that seller must have parted with possession of goods.
Statement II Unpaid seller can exercise his rights of resale when goods are in his possession.
Statement III Where property in goods has been passed to the buyer, seller can file a suit against buyer for recovery of price.
Which of the above statement(s) is/are true?

A

Only I

B

Only III

C

Both I and II

D

All of the above

Where the goods are of perishable nature or where the. unpaid seller exercises his right of lien or right of stoppage of goods in transit and gives notice to buyer for payment and buyer does not payor tender within reasonable time, an unpaid seller may:

A

Resell the goods and can recover the damages from the original buyer

B

Cannot resell the goods

C

Ask the buyer again to make payment

D

Take possession and mark the goods as bad

Which of the following statements are correct. Answer using the given below:
(1) Ascertainment of goods for sale is done by buyer.
(2) Appropriation of goods for sale is done by seller.
(3) Distinction between ascertainment of goods and appropriation of goods that former involves lithe element of common intention between buyer and seller", whereas later can be a unilateral act by buyer.
(4) Property in goods does not pass to buyer till appropriation.

A

Only (1), (3) and (4) are correct

B

Only (2) is correct

C

Only (4) is correct

D

Only (3) is correct

The attornment by the carrier, to the buyer which has the effect of putting an end to the transit for the purposes of unpaid seller's right to stoppage in transit, against the goods

A

Has to be absolute

B

May be subject to unpaid seller's lien against the goods

C

May be subject to the lien of the carrier for his freight charges

D

Only (A) and not (B) or (C)

The unpaid seller, under section 52 of the Sale of Goods Act, 1930, can exercise his right of stoppage in transit, against the goods by

A

Giving notice of his claim to the carrier in whose possession the goods are

B

Taking actual possession of the goods

C

Either (A) or (B)

D

Only (A) and not (B)

Under section 51 of the Sale of Goods Act, 1930, transit of goods, for the purposes of unpaid seller's right of stoppage in transit, comes to an end, where

A

The carrier wrongfully refuses to deliver the goods to the buyer without having notice of stoppage from the seller

B

The carrier for a just cause, refuses to deliver the goods to the buyer without having notice of stoppage from the seller

C

Either (A) or (B)

D

Both (A) and (B)

The transit of goods for the purposes of the right of the unpaid seller as to stoppage in transit, under section 51 of the Sale of Goods Act, 1930, shall come to an end

A

Where the carrier attoms to the buyer at the point of delivery of goods by the vendor for transmission to the vendee

B

Where the carrier attorns to the buyer after the goods have arrived at the appointed destination

C

Where the carrier attorns to the buyer after leaving the place of start but before the goods reach the appointed destination

D

Either (A) or (B) or (C)

Unpaid seller's right to stoppage in transit comes into existence, as provided under Section 50 of the Sale of Goods Act, 1930, when the seller

A

Is in possession of the goods

B

Has parted with the goods but the buyer has not yet obtained the possession of the goods

C

Has parted with the possession of the goods and the buyer has obtained the possession thereof

D

All of the above

After notice to stop in transit to the carrier, the right of the unpaid seller as to stoppage in transit shall

A

Be defeated by mistaken delivery of goods by the carrier to the buyer

B

Be defeated by a wrongful delivery of goods by the carrier to the buyer

C

Be defeated by either mistaken or wrongful delivery of goods by the carrier to the buyer

D

Neither be defeated by mistaken nor by wrongful delivery of goods by the carrier to the buyer

The unpaid seller may exercise his right of stoppage in transit

A

By taking actual possession of the goods

B

By giving notice of his claim to the carrier or other bailee in whose possession the goods are

C

By (A) and (B) both

D

By none above

The unpaid seller can exercise his right of stoppage of goods in transit where the buyer

Related Questions