In force1999 Revised EditionCurrent version · 1999 Revised EditionSee versions on Attorney General's Chambers(opens the publisher’s site)
Sale of Goods Act · 1999 Revised Edition · Part V · Rights of Unpaid Seller Against the Goods
Sale of Goods Act · 1999 Revised Edition · Part V · Rights of Unpaid Seller Against the Goods
Official textFrom Attorney General's Chambers, unchanged
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rescinded by the mere exercise by an unpaid seller of his right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.
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.
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.
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
30
Sale of Goods
Part VII