Section 47 of Sale of Goods Act CAP 31: Effect of subsale or pledge by buyer
Subject to the provisions of this Act, the unpaid seller’s right of lien or retention or stoppage in transitu is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented thereto:
Provided that where a document of title to goods has been lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, then, if the last-mentioned transfer was by way of sale, the unpaid seller’s right of lien or retention or stoppage in transitu is defeated, and, if the last-mentioned transfer was by way of pledge or other disposition for value, the unpaid seller’s right of lien or retention or stoppage in transitu can only be exercised subject to the rights of the transferee.
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- Section 48 - Effect on sale of exercise of lien or stoppage in transitu
(1) Subject to the provisions of this section, a contract of sale is not rescindedby the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transitu.
(2) Where an...
- Section 49 - Action for price
(1) Where, under a contract of sale, the property in the goods has passed to thebuyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the...
- Section 50 - Action for non-acceptance
(1) Where the buyer wrongfully neglects or refuses to accept and pay forthe goods, the seller may maintain an action against him for damages for nonacceptance.
(2) The measure of damages is the...
- Section 51 - Action for non-delivery
(1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for Non delivery.
(2) The measure of damages is...
- Section 52 - Right to specific performance
(1) In any action for breach of contract to deliver specific or ascertained goodsthe court may, if it thinks fit, on the application of the plaintiff, by its judgment or decree direct that the...
- Section 53 - Remedy for breach of warranty
(1) Where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is...
- Section 54 - Interest and special damages
Nothing in this Act shall affect the right of the buyer or the seller to recover interest or special damages in any case whereby law interest or special damages may be recoverable, or to recover money...
- Section 55 - Variation, etc., of implied rights
Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by...
- Section 56 - Reasonable time
Where, by this Act, any reference is made to a reasonable time, the question what is reasonable time is a question of fact.
- Section 57 - Rights, etc., enforceable by action
Where any right, duty or liability is declared by this Act, it may, unless otherwise provided by this Act, be enforced by action.
- Section 58 - Auction sales
(1) In the case of sale by auction—
(a) where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale;
(b) a sale by auction is...
- Section 59 - Savings
(1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything contained in this Act.
(2) The rules of the common law, including the law merchant,...