Skip to content

Section 46

Unpaid seller’s rights

of Sale of Goods Act 1957

ActIn forceProvision 45 of 63
Section 46
(1)

Subject to this Act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has, by implication of law—

(a)

a lien on the goods for the price while he is in possession of them;

(b)

in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them;

(c)

a right of resale as limited by this Act.

(2)

Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and co-extensive with his rights of lien and stoppage in transit where the property has passed to the buyer.

Unpaid seller’s lien