Question

As per the Sale of Goods Act, if the goods have not been transferred to the buyer, the unpaid seller can choose to ___________.

A. withhold delivery

B. stop the goods in transit

C. deliver the goods

D. ask for payment before delivery

• A. C and D
• B. B and C
• C. A and B
• D. A and C

Answer 1

Answer: (C)

A and B

Subject to the provisions of this Act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law-

(a) a lien on the goods for the price while he is in possession of them;

(b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them;

(c) a right of re-sale as limited by this Act.

However, where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and co-extensive with his rights of lien and stoppage in transit where the property has passed to the buyer.

Hence, C is the correct option.