Mwisho bought goods from Mwezi and paid for the goods by cheque. When Mwezi presented the cheque to the bank for payment, it was dishonoured. Advise Mwezi...

      

Mwisho bought goods from Mwezi and paid for the goods by cheque. When Mwezi
presented the cheque to the bank for payment, it was dishonoured.

Advise Mwezi on his legal rights with regard to the goods.

  

Answers


Maurice
This problem is based on the remedies of the unpaid seller.

In this case Mwezi is an unpaid seller within the meaning of the provisions of the Sale of
Goods Act.

Since property in the goods has already passed to Mwisho, Mwezi has no rights against the
goods. He can only maintain an action against Mwisho for the price.

However, if Mwezi has possession of the goods Mwezi may exercise alien on them and
thereafter resell them if Mwisho does not pay or tender the price within a reasonable time.
maurice.mutuku answered the question on April 27, 2018 at 06:54


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