(7) If a partial delivery of the goods to the buyer or his authorized representative has been made on that behalf, the rest of the goods may be stopped during transport, unless partial delivery has taken place in circumstances which express an agreement to renounce possession of all the goods. R.S., c. 408, p. 46. 55 Nothing in this Act shall affect the right of the buyer or seller to recover interest or special damages in all cases where special interest or damages may be legally refundable, or to claim money paid if the consideration for payment has failed. R.S., c. 408, p. 55. (2) In this Part, the term “seller” includes any person who is in the position of a seller, for example. B a representative of the seller to whom the bill of lading was delivered, or a shipper or agent who has paid himself or who is directly responsible for the price.
R.S., c. 408, p. 40. (3) If the identification giving rise to his special goods has been made by the buyer, the buyer shall acquire the right to take back the goods only if they comply with the purchase contract. 32( 1) If the seller supplies the buyer with a quantity of goods less than that of the seller in charge of the sale, the buyer may reject it, but if the buyer accepts the goods delivered in this way, the buyer must pay them at the rate of the contract. (3) If the seller supplies the buyer with the goods he has ordered for sale, mixed with goods of another type not included in the contract, the buyer may accept the contract goods and reject the rest, or the buyer may refuse the whole. (2) If the price is not determined in accordance with the above provisions, the buyer must pay a reasonable price, and what is a reasonable price is a question of fact that depends on the circumstances of the individual case. R.S., c.
408, p. 11. (b) maintain an action against seller for damages for breach of warranty. (6) If the carrier or other guarantor wrongly refuses to deliver the goods to the buyer or his agent on his behalf, the transit shall be deemed to have ended. In accordance with § 47, the privileges, rights of retention or dismantling of an unpaid seller are not affected by a resale or other sale of the goods made by the buyer, unless the seller has consented to it. 50 (1) If, after a contract of purchase, ownership of the goods is transferred to the buyer and the buyer does not do so unlawfully or if the buyer refuses to pay for the goods in accordance with the terms of the contract, the seller may bring an action against the buyer because of the price of the goods. (b) in any case, the Seller will become insolvent within 10 days of receipt of the first payment on its price. 51 (1) If the Buyer fails or wrongly refuses to accept and pay for the goods, the Seller may claim damages from the Buyer for non-acceptance. (4) Paragraph 3 is inserted in order to exclude the possibility of unjust enrichment that would exist if the buyer were allowed to take back goods, even if their quality or quantity is far greater than those required by the contract of sale. Finally, unpaid sellers must take great care before attempting to terminate a contract in order to avoid a claim by their buyer for termination or illegal termination of the purchase contract.
A lien is the right to retain ownership of another person`s property as security for a debt. It is not possible for a seller to exercise a lien on the property he owns, and therefore there is no lien (in the strict sense) if ownership has not yet been transferred to the buyer. In order to avoid putting a seller who has transferred ownership to the buyer in a better position than one who has not, the law provides for a right of retention of delivery for these circumstances. For all intents and purposes, the right of retention is identical to a lien on goods. Depending on the circumstances or if the terms of the contract permit, a seller may have the option to terminate the purchase contract and resell the goods. A seller who terminates a contract or resells the goods without permission risks an abusive breach of the contract itself – termination should always be carefully considered taking into account all relevant factual and legal circumstances. 22. (1) Where there is a contract for the sale of certain goods or goods are subsequently assigned to the contract, the seller may, under the terms of the contract or appropriation, reserve the right to dispose of the goods until certain conditions are met and, in that case, notwithstanding the delivery of the goods to the buyer or to a carrier or other consignee of deposit for transmission to the buyer, ownership of the goods will not pass to the Buyer until the conditions imposed by the Seller are met. Subject: 1. This section gives the buyer an additional right resulting from the identification of the goods in the contract in the manner provided for in articles 2-501. The buyer has the right to claim the goods provided that an offer for an unpaid part of the price is made and retained in two limited circumstances.
First, the buyer may claim goods purchased for personal, family or household use if the seller abandons the contract or fails to deliver the goods. Second, in any case, the Buyer may receive the goods in return if the Seller becomes insolvent within 10 days of receipt of the first tranche of the price by the Seller. The Buyer`s right to claim the goods in accordance with this section is an exception to the usual rule that the disappointed Buyer must bring an action for damages. In order to avail itself of the insolvency provisions, the counterparty must either be insolvent or have taken a decision to be subject to liquidation, receivership, moratorium or equivalent proceedings. 31 (1) Whether it is for the Buyer to take possession of the Goods or whether the Seller sends them to the Buyer is a matter which, in any event, depends on the express or implied contract between the parties, and outside such a contract, neither express nor implied, the place of delivery is the seller`s place of business. if he has one and if not, his place of residence, provided that if the contract exists for the sale of certain goods which, to the knowledge of the parties, are located in another place at the time of conclusion of the contract, that place is the place of delivery. (c) “contract of sale” includes both a contract of sale and a contract of sale; Article 48(3) addresses this issue by allowing a Seller to resell the Goods if (i) they are perishable or (ii) the unpaid Seller has required the Buyer to pay the price within a reasonable time and no payment has been made within that period. The reasonable time depends on the circumstances, in particular the speed with which payment can actually be made (e.g.B. it may not be appropriate to require payment within 24 hours before banks close for a weekend at the buyer`s establishment). (2) The seller may exercise his privilege, regardless of whether he is in possession of the goods as an intermediary or guarantor for the buyer. R.S., c. 408, p.
42. A resale of the goods terminates the original purchase contract. If ownership has already been transferred to the original buyer under this contract, it will be transferred to the seller so that the seller transfers ownership of the property to the new buyer. Treatment of the buyer`s breach of contract by the Seller 29 It is the seller`s obligation to deliver the goods and the buyer to accept and pay for them in accordance with the terms of the purchase contract. R.S., c. 408, p. 29. 7 (1) A contract for the sale of goods valued at forty dollars or more is not enforceable by action unless the buyer actually accepts and receives a portion of the goods so sold or gives some seriousness to bind the contract, or in parts of the payment, or unless a note or written memorandum of the contract is made and signed by the party to be incriminated, or its representative on that behalf.
(3) The goods are in a deliverable condition within the meaning of this Act if they are in such a condition that the buyer would be obliged to accept them under the contract. R.S., c. 408, p. 3. (4) A contract of sale becomes a seller when the time has elapsed or the conditions under which ownership of the goods is to be transferred are met. R.S., c. 408, p. 4.8 (1) Goods which are the subject of a contract of sale may be either existing goods owned or belonging to the seller or goods to be manufactured or purchased by the seller after the conclusion of the contract of purchase, referred to in this Act as “future goods”. (c) an implied warranty that the Goods are free from fees or charges to a third party who has not been declared or known to the Buyer before or at the time of the conclusion of the Contract. R.S., c. 408, p. 15; 1998 revision corrected.
(a) if it delivers the goods to a carrier or other cargo ship for transmission to the buyer, without reserving the right to dispose of the goods; 2. Whether the buyer also acquires a security right in certain goods and has rights in the goods in insolvency after the expiry of the ten-day period provided for in this section depends on compliance with the provisions of the secured transactions article (article 9). Depending on your terms, the expressly agreed contractual terms may prevail, supplement or modify the legal remedies mentioned above….