Possessory Liens in English Law
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(i.) Where the goods are of a perishable nature.
(ii.) Where the seller gives notice to the buyer of intention to resell, and buyer does not within a reasonable time pay or tender the price.
In these cases the unpaid seller may resell and recover from the original buyer damages for any loss occasioned by breach of contract.
(iii.) Where the seller expressly reserves right of resale in case buyer should make default, original contract is rescinded without pre- judice to claim seller may have for... damages.
(d) Carriers. — Under the Railways Clauses Con- solidation Act, 1845, s. 97, where a railway company hauls the carriage of any person upon its line it may detain and sell such carriage or all or any part of the goods which it contains, if the toll due for the use of the line is not paid on demand. Except for this provision the only remedy of a carrier is detention, and there is no right of sale, and the railway com- pany has no more right than any other carrier to sell goods detained in exercise of the company's lien for charges for the carriage of such goods.
What to read after Possessory Liens in English Law?
You can find similar books in the "Read Also" column, or choose other free books by Hall, Lancelot Edey to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
(i.) Where the goods are of a perishable nature.
(ii.) Where the seller gives notice to the buyer of intention to resell, and buyer does not within a reasonable time pay or tender the price.
In these cases the unpaid seller may resell and recover from the original buyer damages for any loss occasioned by breach of contract.
(iii.) Where the seller expressly reserves right of resale in case buyer should make default, original contract is rescinded without pre- judice to claim seller may have for... damages.
(d) Carriers. — Under the Railways Clauses Con- solidation Act, 1845, s. 97, where a railway company hauls the carriage of any person upon its line it may detain and sell such carriage or all or any part of the goods which it contains, if the toll due for the use of the line is not paid on demand. Except for this provision the only remedy of a carrier is detention, and there is no right of sale, and the railway com- pany has no more right than any other carrier to sell goods detained in exercise of the company's lien for charges for the carriage of such goods.
What to read after Possessory Liens in English Law?
You can find similar books in the "Read Also" column, or choose other free books by Hall, Lancelot Edey to read onlineMoreLess
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