The Remedies of the Seller and the Buyer I

Abstract This chapter is primarily concerned with the remedies of the seller (apart from damages). An unpaid seller in possession of the goods if the buyer becomes insolvent may exercise a possessory lien over them (or a right of retention if the property has passed) and may also, while the goods are in transit, issue a stop notice to the carrier. In the event of non-payment after these rights have been exercised, the seller may resell the goods. These buyer-insolvency rights do not depend upon breach by the buyer. In cases where the buyer is insolvent but does not pay a seller may sue as for a debt if the property has passed or if its delivery duty is not linked to the buyer’s contractual duty to pay. Finally, specific performance is discussed, which will usually present itself where it is the buyer who is seeking enforcement of the contract.