Sale of Goods Act 1979 · 2020 Revised Edition · Part 5 · Rights of Unpaid Seller Against the Goods
48. Rescission: and re-sale by seller
Feedback & supportSubject to this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transit.
contract of sale
“contract of sale” includes an agreement to sell as well as a sale;
Where an unpaid seller who has exercised his right of lien or retention or stoppage in transit re‑sells the goods, the buyer acquires a good title to them as against the original buyer.
Where the goods are of a perishable nature, or where the unpaid seller gives notice to the buyer of his intention to re‑sell, and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may re‑sell the goods and recover from the original buyer damages for any loss occasioned by his breach of contract.
goods
“goods” includes all personal chattels other than things in action and money; and in particular “goods” includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale and includes an undivided share in goods;
Where the seller expressly reserves the right of re‑sale in case the buyer should make default, and on the buyer making default re‑sells the goods, the original contract of sale is rescinded but without prejudice to any claim the seller may have for damages.