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Commercial Law

Commercial Law (3rd edn)

Eric Baskind, Greg Osborne, and Lee Roach
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date: 03 October 2022

p. 39716. The remedies of the sellerlocked

p. 39716. The remedies of the sellerlocked

  • Eric Baskind, Eric BaskindSenior Lecturer in Law, Liverpool John Moores University
  • Greg OsborneGreg OsborneFormerly Senior Lecturer in Law, University of Portsmouth
  •  and Lee RoachLee RoachSenior Lecturer in Law, University of Portsmouth

Abstract

This chapter considers the remedies available to a seller if the buyer fails to pay for the goods pursuant to a contract of sale. It should be noted at the outset that the term ‘seller’ also includes ‘any person who is in the position of a seller, such as an agent of the seller to whom a bill of lading has been indorsed, or a consignor or agent who has himself paid (or is directly responsible for) the price’. This is of particular assistance to an agent who, having paid the price to the seller with the intention of recovering the money from the buyer, will have the same protection afforded to unpaid sellers as if he or she were the seller directly.

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