Home › CA Foundation › businesslaw › Sale of Goods — Unpaid Seller › A non-perishable resale by an unpaid seller WITH…
A non-perishable resale by an unpaid seller WITHOUT giving notice to the buyer means the seller:
ACannot recover the loss on resale and must hand over any profit to the buyer
BMay claim double damages
CMay recover the loss and keep any profit
DKeeps both loss recovery and profit
Answer & Solution
Correct answer: A. Cannot recover the loss on resale and must hand over any profit to the buyer
Under Section 54(2), resale without the required notice bars the seller from recovering the deficiency, and any surplus must be returned to the original buyer.
Related questions
Under Section 60, where the buyer repudiates the contract before the date of delivery, theWhere the buyer wrongfully refuses to accept and pay for the goods, the seller's remedy unUnder Section 55(1), the unpaid seller can sue for the price where:Where an unpaid seller, after exercising lien or stoppage, resells the goods, the new buyeUnder Section 54, where the goods are of a perishable nature, the unpaid seller may resellWhen an unpaid seller exercises the right of stoppage in transit, the contract of sale is:Under Section 53, a sub-sale or pledge of the goods by the buyer:Under Section 52, stoppage in transit is effected by: