PART VRights of Unpaid Seller Against the Goods

Re-sale etc. by buyer

47Effect of sub-sale etc. by buyer

1

Subject to this Act, the unpaid seller's right of lien or retention or stoppage in transit is not affected by any sale or other disposition of the goods which the buyer may have made, unless the seller has assented to it.

2

Where a document of title to goods has been lawfully transferred to any person as buyer or owner of the goods, and that person transfers the document to a person who takes it in good faith and for valuable consideration, then—

a

if the last-mentioned transfer was by way of sale the unpaid seller's right of lien or retention or stoppage in transit is defeated ; and

b

if the last-mentioned transfer was made by way of pledge or other disposition for value, the unpaid seller's right of lien or retention or stoppage in transit can only be exercised subject to the rights of the transferee.