Full legislation
s.49
Effect of sub-sale or pledge by buyer
49.
Effect of sub-sale or pledge by buyer
Subject to the provisions of this Ordinance, the unpaid seller’s right of lien or
retention or stoppage in transitu is not affected by any sale or other disposition of
the goods which the buyer may have made, unless the seller has assented
thereto:
Provided that 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 the document in good faith and
for valuable consideration, then, if such last-mentioned transfer was by way of sale,
the unpaid seller’s right of lien or retention or stoppage in transitu is defeated, and
if such last mentioned transfer was by way of pledge or other disposition for value, the
unpaid seller’s right of lien or retention or stoppage in transitu can only be exercised
subject to the rights of the transferee.