THE SALE OF GOODS ACT

SALE OF GOODS 25Resale by Buyer or Seller46. Subject to the provisions of this Act, the unpaid EtFectofseller’s right of lien or retention or stoppage in transitu pledgebyis not affected by any sale, or other disposition of the goods buyer.which the buyer may have made, unless the seller hasassented thereto :Provided that where a document of title to goods hasbeen lawfully transferred to any person as buyer or ownerof the goods, and that person transfers the document toa person who takes the document in good faith and forvaluable consideration, then if such last-mentioned transferwas by way of sale the unpaid seller’s right of lien orretention or stoppage in trunsifu is defeated, and if suchlast-mentioned transfer was by way of pledge or otherdisposition for value, the unpaid seller’s right of lien orretention or stoppage in transitu can only be exercisedsubject to the rights of the transferee.such sale or47.-( 1) Subject to the provisions of this section, a con- sale notgenerallytract of sale is not rescinded by the mere exercise by an -indedbyunpaid seller of his right of lien or retention or stoppage t&&,in transitu.transitu.(2) Where an unpaid seller who has exercised hisright of lien or retention or stoppage in transitu resellsthe goods, the buyer acquires a good title thereto as againstthe original buyer.(3) Where the goods are of a perishable nature, orwhere the unpaid seller gives notice to the buyer of hisintention to resell, and the buyer does not within a reasonabletime pay or tender the price, the unpaid seller mayresell the goods and recover from the original buyerdamages for any loss occasioned by his breach of contract.(4) Where the seller expressly reserves a right ofresale in case the buyer should make default, and on theindusion of this pago M authorized by L.N. ~0/1973]