Acts and Regulations

2016, c.110 - Sale of Goods Act

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Resale by unpaid seller
62(1)Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of the right of lien or retention or stoppage in transit.
62(2)When an unpaid seller who has exercised the right of lien or retention or stoppage in transit resells the goods, the buyer acquires a good title to them as against the original buyer.
62(3)If the goods are of a perishable nature, or if the unpaid seller gives notice to the buyer of the seller’s intention to resell, and the buyer does not within a reasonable time pay or tender the price, the unpaid seller may resell the goods and recover from the original buyer damages for any loss occasioned by the buyer’s breach of contract.
62(4)If the seller expressly reserves a right of resale in case the buyer should make default and, on the buyer making default, resells the goods, the original contract of sale is as a result of that rescinded, but without prejudice to any claim the seller may have for damages.
R.S.1973, c.S-1, s.45