Rights against Buyer
1- Suit for the price
Where any goods are transferred to the buyer and the buyer negligently or refuses to pay in terms of the terms and conditions of the contract, the seller may sue him in terms of Section 55 (1) because once the goods have been transferred the buyer will inevitably pay the amount.
However, in the event that the payment date has been passed and the goods have not yet been delivered, the seller may sue the consumer for improper consideration or refusal in terms of Section 2 of Section 55.
In the event that the price is paid in foreign currency the damages should be calculated at the exchange rate available at the time when the price should not have been at the judgment date.
2- Suit for damage
In the event that the consumer unfairly refuses to accept goods and payments, the seller may sue for non-acceptance in terms of Section 56. Calculating the amount of damages Sections 73 and 74 of India Contract Law applies.
In the event that the goods have a fair market, the seller must resell the goods and the buyer should pay a loss if possible. If the seller does not resell the goods the difference between the contract and the market price on the day of the infringement is considered an impairment measure. If the difference between them the nil dealer gets a limited amount.
There is a reduction function on the seller’s side, which means that the victim must make reasonable efforts to minimize the loss of that violation. For example, if the seller can resell the goods, the difference between the contract price and the resale price is given to the seller but if the seller deliberately refuses to resell the goods and their market value decreases then the buyer will not be liable for exaggeration.
The nature of the reduction work is defined by the high court in the event of M. M. Lachia Shetty V Coffee Board, in which, the seller who applied for the coffee auction was accepted, refused to enter into a contract, as a result, the coffee was renewed at the next best bid price and the seller who refused to compete should give a difference in the loss rate on board.
3- Suit for interest
As stated under Section 61, where there is a specific agreement between the buyer and the seller regarding the interest rate on the goods from the date of payment, the seller may return the interest to the buyer. But in the absence of such an agreement the seller may charge interest from the date of notification to the buyer.
If there is no contract to the contrary, a court of law may charge interest to the seller in such a way that he considers it to be equal to the value of the price from the date the payment is made.
4- Refusal of contract before the due date
In terms of Section 60, the applicable breach of contract is applicable, in which case, if the buyer rejects the contract before the date of delivery the seller may view the contract as terminated and may institute a breach of the contract.
According to this Section, if one party refuses before the due date the other has two subjects. Either he can immediately accept the breach and bring the act of damage to the contract canceled and the damage will be assessed in terms of the price at that time or he may wait for the delivery date. In the second case, the contract is open to the risk and will be to the benefit of both parties. It can be a group change that is logical and agreeable to do and the damage will be assessed in terms of prices on the date of delivery.
Rights against Goods
– Lien
Lien is a right that a seller of goods can exercise when the consumer does not pay the price of the goods, under this right the seller can retain possession of the goods as an agent or bail of the consumer. A seller may keep his goods in terms of Section 47 under the following circumstances:
1- In the event of a consumer failing to pay a fee.
2- When the term of the goods sold on credit expires.
3- Goods for sale without exception credit.
When goods are sold on credit the right to lie is suspended during the loan period and lien is available only at the cost of the goods, not any additional costs.
– Stoppage
Once the goods have been transferred to the supervisor or on bail for the purpose of transferring them to the consumer, who has run out of money, the seller reserves the right to stop the moving goods to protect themselves from potential losses due to non-payment. In terms of section 50, there are four main requirements for stopping goods on the way:
1. Unpaid seller.
2. The consumer is not in debt.
3. Goods were to be passed on to the buyer.
4. Goods must be in the way.
– Resale
Exercising the right to lie or suspend does not terminate the agreement but the re-sale of the property makes and without this right, the other two rights to lie and suspend will not be exercised extensively because they can only keep the goods under this right until the buyer pays money.
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