WELCOME
Performance of the
Contract of Sale
By
Rafiul Islam Rakin
Md. Ishtiaq Rahman
Contents
 What is delivery?
 Rules regarding delivery
 Duties of seller of goods
 Duties of buyer of goods
 Rights of buyer of goods
 Rights of seller of goods
 Unpaid seller
 Rights of unpaid seller
 Distinction Between Lien and stoppage in transit
 Consequences of breach of contract of sale
 Auction Sales
Rights of buyer of goods
 Delivery- Sec 31
 Repudiation- Sec 37 & 38
 Buyer’s right of examining goods- Sec 41(1) & 41(2)
 Buyer is not bound to return rejected goods- Sec 43
 Damages for non delivery- Sec 57
 Specific performance- Sec 58
 Remedy for breach of warranty- Sec 59
 Repudiation of contract- Sec 60
 Effects of tax changes- Sec 64A
Rights of seller of goods
 Remedies
 Enforcement of liability of buyer- Sec 44
 Other rights- Sec 57, 59, 60, 61 & 64A
Unpaid seller
 Who is an unpaid seller?
(a) when the whole of the price has not been paid or tendered or (b) when a
bill of exchange or other negotiable instrument has been received as
conditional payment, and the condition on which it was received has not
been fulfilled by reason of the dishonor of the instrument or otherwise.
 Suppose that goods worth BDT. 500 are sold. The seller is deemed to be an
unpaid seller under any of the following circumstances:
I.
The whole of the purchase price (BDT. 500) is not paid on the due date.
II.
If payment is made in the form of a negotiable instrument (bill of exchange
or check) and the instrument is dishonored.
Unpaid seller’s rights
 Seller’s lien or Vendor’s lien- Sec 47 to 49
 The right of stoppage in transit- Sec 50 to 52
 The right of resale- Sec 54
 Suit for the price- Sec 55
 Suit for damages- Sec 56
 Claim for interest and special damages- Sec 61
Distinction Between Lien and stoppage in
transit
Lien
 Applicable to all persons, solvent
or insolvent.
 Applicable to goods which are in
the possession of the seller.
 Means right to retain goods.
Stoppage in Transit
 Applicable to the insolvent buyer.
 Applicable for the goods which
are in the possession of the seller.
 Means right to regain goods.
Consequences of breach of contract of
sale
 Seller's Remedies Against the Goods: (1) Seller's Lien, Sections 47-49. (2)
Stoppage in Transit. Sections 50-52. (3) Resale. Sec. 54.
 Remedies of the Seller Against Buyer Personally: (1) Suit for Price. Sec. 55.
(2) Damages for Non - acceptance. Sec. 56. (3) Claim for Interest and
Special Damages. Sec. 61.
 Buyer's Remedies Against the Seller (1) Damages for Non delivery. Sec. 57.
(2) Specific Performance. Sec. 58. (3) Remedy for Breach of
Warranty. Sec. 59. (4) Repudiation of Contract. Sec. 60.