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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)
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The right of lien may be lost if: | The right of lien may be lost if: | ||
* The price is paid or tendered (s 44(1)); | * The price is paid or tendered (s 44(1)); | ||
* Delivery is made to a carrier or bailee (not the seller’s agent) without reserving a right of disposal (s 46(1)(a)); | * Delivery is made to a carrier or other bailee (not the seller’s agent) without reserving a right of disposal (s 46(1)(a)); | ||
* The buyer or | * The buyer or the buyer's agent lawfully obtains possession (s 46(1)(b)); or | ||
* There is a waiver (s 46(1)(c)). | * There is a waiver (s 46(1)(c)). | ||
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This right can be exercised in accordance with s 47 when the seller is unpaid, the buyer is insolvent, and the goods are in the hands of a carrier. | This right can be exercised in accordance with s 47 when the seller is unpaid, the buyer is insolvent, and the goods are in the hands of a carrier. | ||
===== (3) The Right of Resale: ss 43(1) and 51 ===== | ===== (3) The Right of Resale: ss 43(1)(c) and 51 ===== | ||
The seller has the right to resell: | The seller has the right to resell: | ||
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Under s 12, where a contract is silent as to price, the court will infer a reasonable price, but where the price would be too vague for the court to infer, there may be no consensus upon an essential term, and therefore no contract. | Under s 12, where a contract is silent as to price, the court will infer a reasonable price, but where the price would be too vague for the court to infer, there may be no consensus upon an essential term, and therefore no contract. | ||
==== d) | ==== d) Instalments ==== | ||
Under s 35(1), a buyer need not accept delivery by instalments unless that is agreed to. Where a contract is for separately paid instalments, circumstances and construction of the contract determine whether a breach allows for repudiation of the entire contract, or only a right to sue for damages regarding the defective instalment. | Under s 35(1), a buyer need not accept delivery by instalments unless that is agreed to. Where a contract is for separately paid instalments, circumstances and construction of the contract determine whether a breach allows for repudiation of the entire contract, or only a right to sue for damages regarding the defective instalment. | ||
