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Submitted By darshanshah123
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1. Introduction:
In a transaction of sale it is not possible to avoid credit sales. In credit sales there is a risk of a debtor not paying the price of the goods even after the credit period is over. The seller of the goods therefore must possess some rights which he can use to secure payment of the price. If the recovery of the price is not possible due to the reason of bankruptcy of the buyer, he must have some other remedies. The Sale of Goods Act has made elaborate provisions regarding the rights of an unpaid seller. A seller is person who sells or agrees to sell goods. But for the purpose of Chapter V of the Sales of Goods Act, 1930 the definition of the term “seller” is widened and it includes any person who is in the position of a seller, as for example an agent of the seller to whom the bill of lading has been indorsed, or a consignor (or agent) who has himself paid or directly responsible for the price. [Sec 45(2) of the Sales of Goods Act, 1930]
Unpaid seller means a person who has sold the good for a price but price has not been paid to him unpaid seller has rights against the goods and buyer. 2. Definition of unpaid seller:
According to Sec 45 (1) of the Sales of Goods Act, 1930, the seller of goods is deemed to be an unpaid seller: (i) When the whole of the price has not paid or tendered, or (ii) When a bill of exchange or other negotiable instrument has been received as a conditional payment, and the conditions on which it has not been received remains fulfilled by reason of dishonor of the instrument or otherwise. 3. Features of unpaid seller:
Following are the features of unpaid seller. (i) He must sell the goods on cash basis and must be unpaid. (ii) He must be unpaid either wholly or partly. (iii) If the price is paid through a bill of exchange or other negotiable instruments, the same must be dishonoured. (iv) He

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