Question

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

Under the Sale of Goods Act, an unpaid seller's right of stoppage in transitu is defeated if the buyer lawfully transfers the document of title to a third party who accepts it in good faith and for valuable consideration.

Answer: Answer

Answer

The statement is true because the transfer of a document of title to a bona fide third party for value defeats the unpaid seller's right of stoppage in transitu.
The statement accurately reflects the statutory proviso under the Sale of Goods Act. If an insolvent buyer transfers a document of title to a sub-buyer who takes it in good faith and for valuable consideration, the unpaid seller loses the right of stoppage in transitu against that third party.

Step-by-Step Solution

1
Identify the legal context and rights of the unpaid seller
The scenario concerns the unpaid seller's right of stoppage in transitu when goods are sold to an insolvent buyer.
Stoppage in transitu allows an unpaid seller to resume possession of goods while they are in transit upon discovering the buyer's insolvency.
2
Apply the statutory rule regarding sub-sales and documents of title
While a general sub-sale by the buyer does not affect the seller's right, the lawful transfer of a document of title (e.g., bill of lading) to a bona fide purchaser for value defeats the seller's right of stoppage.
Commercial law protects good-faith transferees of documents of title to facilitate international and home trade fluidity.

Key Concept

Exceptions to Unpaid Seller's Right of Stoppage in Transitu
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