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Example State whether a tight of lien can be exercised in each of the following alternative cases:
Case (a) X sold goods to Y for Rs. 10,000 without any stipulation as to credit and the price remains unpaid:
Case (b) X sold goods to Y for Rs. 10,000 on a credit of 1 month and the period of credit has expired.
Case (c) X sold goods to Y for Rs. 10,000 on a credit of 1 month and Y became insolvent during the period of credit.
Case (d) X of Delhi, sold goods to Y of Mumbai for Rs. 10,000 and delivered the same to the railway for the purpose of transmission to the buyer. The railway receipt was taken in the name of Y and sent to Y.
Case (e) X sold goods to Y for Rs. 10,000 and Y's agent lawfully took the delivery of goods.
Case (f) X sold goods to Y for Rs. 10,000 and expressly waived his. right of lien.
Case (g) X sold 10 tons of wheat to Y for Rs. 1,00,000 and Y resold 8 tons of wheat out of 10 tons to Z. Y instructed X to deliver 8 tons of wheat to. Z. Y then became insolvent.
Case (h) X of Delhi sold some goods to Y of Mumbai and took the railway receipt to his own name and sent the railway receipt to. his agent,
Case (i) X of Delhi sold some goods to Y of Mumbai and took the railway receipt in the name of Y and it was sent by X to his agent.

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Solution

Solution:
Case (a) Yes, because the price has not been paid
Case (b) Yes, because the term of credit has expired and the price remains unpaid
Case (c) Yes, because the buyer has become insolvent
Case.(d) No,, because the delivery to the carrier prima fade amounts to the delivery to the buyer himself and the right of. disposal of the, goods has not been reserved Y as the, railway receipt has been sent to buyer
Case (e) No, because buyers agent has lawfully taken the delivery of the goods. [section 49(1)(c)]
Case (f) No, because seller has waived his right of lien. [section 49(1)(c)]
Case (g) X can, exercise his right of lien only .against 2 tons of wheat and not against 8 tons of wheat.
Case (h) Yes because the seller .is deemed to have reserved the right of disposal of the goods by sending the railway receipt to his own agent.
Case (i) Yes, because the seller is deemed to have reserved the right of disposal by sending the railway receipt to his own agent.

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Example: State whether the seller is an unpaid seller or not in each of the following alternative cases:
Case (a) X sold some goods to Y for Rs. 10,000. Y paid Rs.9,900 but failed to pay the balance.
Case (b) X sold some goods to Y for Rs. 10,000 and received a cheque for the full price as conditional payment. On presentment, the cheque was dishonoured by the Bank.
Case (c) X sold some goods to Y for Rs. 10,000 on a credit of one month. One month has not yet expired.
Case (d) X sold some goods to Y for Rs. 10,000 on a credit of one month and one month has expired and the price remains unpaid.
Case (e) X sold some goods to Y for Rs. 10,000 on a credit of one month. Y became insolvent during the period of credit.

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