Thursday, March 11, 2010

Let’s Brain Storm

Let assumed that the case following happened.
“KK Storage is a supplier that runs in Puchong Housing Area. The nature of the business is to sells and provides grocery items to small mini mart and acts as a supplier. One of its clients, ABC Mart engaged into contract with KK Storage to get supply of grocery items such as food and beverages, household items from KK Storage. However, ABC Mart has breach the contract.”

What are the remedies available for KK Storage?
There are few remedies available for KK Storage. If ABC Mart haven’t pay for the goods they ordered and the goods is still in possession with KK Storage, the company has a lien on the goods for the price [section 46(1) (a), sale of goods act 1957]
If KK Storage only has a part of the possession of the goods, it has right to stop the goods in transit if the buyer is insolvent. [Section 46(1) (b), sale of goods act 1957]
Besides that, KK Storage can sue ABC Mart for the price of the goods where th buyer wrongfully neglects or refuses to accept and pay for the goods [Section 55, Sale of Goods Contract 1957]

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