Section 48 of Sale of Goods Act CAP 31: 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 unpaid seller who has exercised his right of lien or retention orstoppage in transitu resells the goods, the buyer acquires a good title thereto as against the original buyer.
(3) Where the goods are of a perishable nature, or where the unpaid sellergives notice to the buyer of his intention to resell, and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may resell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.
(4) Where the seller expressly reserves a right of resale in case the buyer should make default, and, on the buyer making default, resells the goods, the original contract of sale is thereby rescinded, but without prejudice to any claim the seller may have for damages.
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- Section 49 - Action for price
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- Section 50 - Action for non-acceptance
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(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—
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(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,...