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CSEET · Business Laws and Management · Elements of Law relating to Sale of Goods

Which of the following statements about an 'unpaid seller' is correct as per the Sale of Goods Act, 1930? Statement I: A seller is unpaid when the whole of the price has not been paid or tendered. Statement II: A seller who received a cheque as conditional payment is unpaid if the cheque is dishonoured.

Both statements are correct. A seller is unpaid when the whole price has not been paid or tendered, and also when a negotiable instrument taken as conditional payment is dishonoured, because the condition of receipt has not been fulfilled.

  1. AOnly Statement I is correct
  2. BOnly Statement II is correct
  3. CBoth Statements I and II are correctCorrect
  4. DNeither statement is correct

Explanation

Section 45(1) makes a seller unpaid when the whole price has not been paid or tendered, or when a negotiable instrument received as conditional payment is dishonoured so the condition is unfulfilled. Both statements match this, so the option saying only one is correct is wrong.

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