The right to stoppage in transit u/s 46 of the Sale of Goods Act, 1930 available to unpaid seller :
The seller must be UPS u/s 45 and the buyer becomes insolvent and the seller departed with the possession of goods
Under the Sale of Goods Act, 1930, Section 45 defines an unpaid seller, and Section 46 lists his rights, including the right of stoppage in transit; Section 50 lays down when this right arises.
Three conditions must be met: the seller must be an unpaid seller within Section 45; the buyer must have become insolvent; and the seller must have parted with possession of the goods, which must still be in the course of transit.
If the seller still holds the goods, his remedy is a lien, not stoppage in transit. Being merely an unpaid seller, or adding only one of the other two conditions, is not enough.
Hence, the answer is The seller must be UPS u/s 45 and the buyer becomes insolvent and the seller departed with the possession of goods.
Similar Questions
Quality or fitness of goods for any particular purpose has no ............ .
When transfer of property in goods is to take place at future time or subject to some conditions thereafter to be fulfilled, the contract is called:
The ‘Part delivery’ under section 34 of the Sale of Goods Act, 1930 to be the ‘whole delivery’.
A sale in market overt is an exception of :
Important Questions from Sales of goods act, 1930
In a contract of sale, there is no implied condition as to quality or fitness for any particular purpose of goods supplied. According to which rule, it is the duty of buyer to see and satisfy whether the goods purchased will be suitable for his purpose or not?
- Which of the following are true statements relating to delivery of goods?
(A). Delivery and payment are concurrent conditions.
(B). Delivery may be actual, symbolic or constructive.
(C). Delivery may be at any time of the day only.
(D). Delivery of wrong quality
Choose the correct answer from the options given below: Quality or fitness of goods for any particular purpose has no ............ .
When transfer of property in goods is to take place at future time or subject to some conditions thereafter to be fulfilled, the contract is called:
The ‘Part delivery’ under section 34 of the Sale of Goods Act, 1930 to be the ‘whole delivery’.
