Sale of Goods Act · s 49

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49.
Rescission: and re-sale by seller
(1)
Subject to this section, a contract of sale is not
Rescission:
rescinded by the mere exercise by an unpaid seller of his right
:.fe;e-saleby of lien or retention or stoppage in transit.
(2)
Where an unpaid seller who has exercised his right of lien or retention or stoppage in transit re-sells the goods, the buyer acquires a good title to them as against the original buyer.
(3)
Where the goods are of a perishable nature, or where the unpaid seller gives notice to the buyer of his intention to re-sell, and the buyer does not within a reasonable time payor tender the price, the unpaid seller may re-sell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.
(4) Where the sellerexpresslyreservesthe right of re-salein case the buyer should make default, and on the buyer making default re-sellsthe goods, the originalcontract of sale is rescindedbut without prejudiceto any claimthe sellermay have for damages.
D.L.R. 0.111999

Sale of Goods

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s 49Rescission: and re-sale by seller

(1)

Subject to this section, a contract of sale is not

Rescission:

rescinded by the mere exercise by an unpaid seller of his right

:.fe;e-saleby of lien or retention or stoppage in transit.

(2)

Where an unpaid seller who has exercised his right of lien or retention or stoppage in transit re-sells the goods, the buyer acquires a good title to them as against the original buyer.

(3)

Where the goods are of a perishable nature, or where the unpaid seller gives notice to the buyer of his intention to re-sell, and the buyer does not within a reasonable time payor tender the price, the unpaid seller may re-sell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.

(4)

Where the sellerexpresslyreservesthe right of re-salein case the buyer should make default, and on the buyer making default re-sellsthe goods, the originalcontract of sale is rescindedbut without prejudiceto any claimthe sellermay have for damages.

D.L.R. 0.111999

Sale of Goods