JSB171 Lecture Notes - Lecture 1: Bolwell, Consideration
Document Summary
Here, [seller] would be considered to be an unpaid seller as defined in s40(1) sga as the whole of the price is due and payable but is unpaid or not tendered: bolwell. The real remedies include lien, stoppage in transit or resale however these will only be available when property has not passed to [buyer]. Go to: passing of property and risk notes if this hasn"t been discussed already. In this case real remedies would not are available as property has passed to (buyer). Instead [seller"s] remedies will be restricted to a personal right of action against [buyer]: s50(1) sga. In this case real remedies are available as property has not passed (buyer). (seller)"s lien: (retain goods) The remedy of lien would be a viable option as [seller] still has control over the goods to retain possession of them until price has been paid: s42(1).
