Rights of Seller

When the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller has to sue for damages for non-acceptance of the goods.

Where property in goods has passed to the buyer, the seller has a right to sue for the price of the goods whether the possession is with the buyer or seller. Even where ownership has not passed but the buyer has agreed to pay the price on a certain day fixed irrespective of his obtaining delivery of goods the seller may claim the price.

Duties of Seller

The first duty of the seller is to deliver the goods. Delivery may be, symbolic or constructive. He must deliver the goods according to the Contract and where there is a condition precedent to the performance of the Contract the seller need not deliver unless the condition is satisfied.

Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions. The seller must be ready and willing to pay the price to the seller.

It is not the duty of the seller to send or carry goods to the buyer unless the contract so proves. His only duty is to place the goods at the buyer's disposal. It is the buyer's duty to demand the delivery and accept it when tendered. But the goods must be in a deliverable state at the time of delivery or tender thereof.

Where the goods are delivered to a carrier the seller is bound to enter into a reasonable contract on behalf of the buyer with the carrier for safe transmission of goods. In a transit by sea the seller must inform the buyer in time so that he may insure the goods.

Lien

Lien means a right exercised by one over some one else property.
Liens are of two kinds : Particular Lien, and General Lien. A particular lien is one which is available only against that property in respect of which the skill and labor are used. A general lien, on the other hand, is a right to detain any property belonging to the exercise the lien in respect of any possession of the person trying to exercise the lien in respect of any payment lawfully due to him. A general lien is the right to retain the property of another for a general balance of accounts, but a particular lien is a right to retain it only for a charge on account of labor employed or expenses bestowed upon the identical property detained.

Doctrine of ULTRA VIRES

A Company can not do anything beyond its powers, and any act beyond such powers is '" Ultra Vires" and void an can not be verified even by the assent of the whole body of shareholders. An ultra vires act is improper because it is violation of the law and diversion of the assests of the Company to a purpose not contemplated by the members and creditors of the Company. An ultra vires act is not binding upon the Company and can not be ratified. The Company can be restrained from employing its funds for purpose other than those stand in the Memorandum. Thus a Company formed to carry on one trade can not carry on another trade.

Memorandum of Association

The memorandum of Association of a Company is its charter, prescribing the Company's name, registered offices, objects and capital also defining limitations and powers. Its sets forth the fundamental condition upon which alone the Company is allowed to be incorporated. Conditions which are also introduced alike for the benefit of creditors and the outsider public as well as for shareholders.
A company can not exercise any powers which are not either expressly stated in the Memorandum or as may be implied therefrom. A company must act within and not outside the scope of Memorandum. The Memorandum of Association is thus one of the most important documents which form the very foundation of the company.

Every Memorandum has the following clauses.

1. Name Clause.
2. Situation Clause.
3. Object Clause.
4. Liability Clause.
5. Capital Clause.
6. Association Clause.
   

Total Disablement

Total disablement means which disablement whether of a temporary or permanent nature, as incapacitates a workman from all work which he was capable of performance at the time of accident resulting a such disablement provided that permanent total disablement shall be deemed to result from the permanent total loss of sight of both eyes or form any combination of injuries specified in Schedule I to this Act.

Partial Disablement

Partial Disablement means where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workmen in any employment in which he was engaged at the time of accident resulting in the disablement and where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at the time provided that in every specified in schedule of the Act shall be deemed to result in paramount partial disablement.