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Difference between revisions of "Contracts for Sale of Goods (11:III)"
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Contracts for Sale of Goods (11:III) (view source)
Revision as of 20:57, 4 October 2022
, 20:57, 4 October 2022→(3) The Right of Resale: ss 43(1)(c) and 51
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The seller has the right to resell: | The seller has the right to resell: | ||
:a) If the goods are perishable, or if notice of an intention to resell is given to the buyer by the unpaid seller, and the buyer does not pay within a reasonable time. In this case, the seller may resell the goods and recover damages from the original buyer for any loss from the breach of contract (s 51(3)); | :(a) If the goods are perishable, or if notice of an intention to resell is given to the buyer by the unpaid seller, and the buyer does not pay within a reasonable time. In this case, the seller may resell the goods and recover damages from the original buyer for any loss from the breach of contract (s 51(3)); | ||
:b) If the seller has expressly reserved the right to resell in the contract (s 51(4)). | :(b) If the seller has expressly reserved the right to resell in the contract (s 51(4)). | ||
:'''NOTE:''' If the buyer defaults and the contract provides that the seller may resell the goods in that situation, the seller may still claim damages (s 51(4)). | :'''NOTE:''' If the buyer defaults and the contract provides that the seller may resell the goods in that situation, the seller may still claim damages (s 51(4)). | ||
