Question 3 (b)
Stoppage in transit as an extension of the unpaid seller's lien
5 marks
- Time to write
- About 10 minutes
From an older CBCS paper
Question
Question 3 (b) · 5 marksThe right of stoppage of goods in transit is an extension of the unpaid sellers right of lien. Discuss.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- DiscussA statement to explain: say what it means first, then build the answer around it.
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Lien 1½ marks 2 min
- 2 Stoppage in transit 1½ marks 2 min
- 3 Distinction and conclusion 2 marks 3 min
- Check: every ask answered, key terms underlined 2 min
Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.
Try it first. About 10 minutes for 5 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
Lien. A seller who has not been paid and is still in possession of the goods may retain them, refusing delivery until the price is paid or tendered; the essence of lien is to retain possession, and it can be exercised even when the buyer is not insolvent.
1No payment yet, so Karim locks the crates and folds his arms—the goods stay with him.
LienThe right to retain the goods in his possession until payment or tender of the price.
2Word comes that the buyer has gone broke: he races the truck down the highway to stop it.
Stoppage in transitWhere the buyer becomes insolvent, the right to stop the goods while they are in the course of transit.
3The mangoes will not wait, so he sells them fresh to the next buyer at the market.
ResaleWhere the goods are perishable.
Stoppage in transit (s. 50). An unpaid seller who has parted with possession of the goods may stop them while they are in transit, when the buyer has become insolvent; he does so by taking actual possession or giving notice to the carrier.
Distinction: lien is a right to retain possession, stoppage a right to regain it; lien needs the seller to be in possession, stoppage that he has parted with it; lien does not need the buyer's insolvency, stoppage does. The right of stoppage begins when the right of lien ends.
Conclusion. The statement is correct: stoppage in transit carries the seller's security forward after he has lost his lien.
Where the 5 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Lien | 1.5 |
| 2 | Stoppage in transit | 1.5 |
| 3 | Distinction and conclusion | 2 |
| Total | 5 |
Report a problemopens an email to admin@getkunji.com with the question ID8409-Q3balready filled in.