Section 47
Section 47
(I)
The unpaid seller may exercise his right of stoppage in transit either by taking actual possession of the goods or by giving notice of his claim to the carrier or other bailee in whose possession the goods are.
(2)
The notice may be given either to the person in actual possession of the goods or to his principal.
(3)
If given to the principal, the notice is ineffective unless given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
(4)
When notice of stoppage in transit is given by the seller to the carrier of other bailee in possession of the goods, he must re-deliver the goods to, or according to the directions of, the seller; and the expenses of the re-delivery must be borne by the seller.
Re-sale etc. by buyer 48.
(1)
Subject to this Act, the unpaid seller's right of lien or retention or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented to it.
Sale a/Goods
CAP. 170 29
(2)
Where a document of title to goods has been lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes it in good faith and for valuable consideration, then-
(a)
if the last-mentioned transfer was by way of sale the unpaid seller's right of lien or retention or stoppage in transit is defeated; and
(b)
ifthe last-mentioned transfer was made byway of pledge or other disposition for value, the unpaid seller's right of lien or retention or stoppage in transit can only be exercised subject to the rights of the transferee.
Rescission: and re-sale by seller 49.
(1)
Subject to this section, a contract of sale is not
Rescission:
rescinded by the mere exercise by an unpaid seller of his right
:.fe;e-saleby of lien or retention or stoppage in transit.
(2)
Where an unpaid seller who has exercised his right of lien or retention or stoppage in transit re-sells the goods, the buyer acquires a good title to them as against the original buyer.
(3)
Where the goods are of a perishable nature, or where the unpaid seller gives notice to the buyer of his intention to re-sell, and the buyer does not within a reasonable time payor tender the price, the unpaid seller may re-sell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.
(4)
Where the sellerexpresslyreservesthe right of re-salein case the buyer should make default, and on the buyer making default re-sellsthe goods, the originalcontract of sale is rescindedbut without prejudiceto any claimthe sellermay have for damages.
D.L.R. 0.111999
30
Sale of Goods