Question

Difficulty: EasySale of Goods Act: Transfer of Title, Delivery, and Buyer/Seller Remedies

Match each Sale of Goods Act concept or remedy on the left with its corresponding legal definition or application on the right.

  • Stoppage in transituAn unpaid seller's right to regain possession of goods while in transit upon discovering the buyer's insolvency.
  • Action for non-deliveryA buyer's personal remedy for damages when the seller wrongfully neglects or refuses to deliver the goods.
  • Market overtA legal rule allowing an innocent buyer to acquire good title to goods bought in an open public market despite seller's defect in title.
  • Resale of goodsAn unpaid seller's right to sell perishable goods or goods after giving reasonable notice when payment is withheld.

Answer

Stoppage in transitu matches regaining possession of goods in transit upon buyer insolvency; Action for non-delivery matches the buyer's remedy when delivery is refused; Market overt matches acquiring valid title in an open public market; Resale of goods matches an unpaid seller selling perishable goods or selling after notice.
Each concept accurately aligns with its statutory application: Stoppage in transitu applies to goods in transit upon buyer insolvency; Action for non-delivery is the buyer's remedy for non-delivery; Market overt is a recognized exception for transfer of title; and Resale is an unpaid seller's right regarding perishable items or post-notice sales.

Step-by-Step Solution

1
Analyze real rights of an unpaid seller regarding goods in transit and disposal.
Stoppage in transitu is exercised during transit upon insolvency, while resale applies to perishable items or after giving due notice.
These rights protect unpaid sellers when buyers default or become insolvent.
2
Identify the remedy available to a buyer when a seller defaults on delivery.
Action for non-delivery allows the buyer to claim damages against the seller.
This is a personal action enforceable by the buyer for breach of contract.
3
Identify statutory exceptions to the rule that a seller cannot pass better title than they possess (nemo dat).
Market overt protects bona fide purchasers who buy goods in an open, recognized market.
This rule facilitates trade by securing title for innocent buyers in public markets.

Key Concept

Rights of unpaid sellers, buyer remedies, and transfer of title under the Sale of Goods Act
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