Western Australian Current Acts Western Australian Current Acts (1) Subject to the
provisions of this section, a contract of sale is not rescinded by the mere
exercise by an unpaid seller of his right of lien or retention or stoppage in
transitu .
(2) Where an unpaid
seller who has exercised his rights of lien or retention or stoppage in
transitu re-sells the goods the buyer acquires a good title thereto as against
the original buyer.
(3) Where the goods
are of a perishable nature, or where the unpaid seller gives notice to the
buyer of his intention to re-sell, and the buyer does not within a reasonable
time pay or tender the price, the unpaid seller may re-sell the goods and
recover from the original buyer damages for any loss occasioned by his breach
of contract.
(4) Where the seller
expressly reserves a right of re-sale in case the buyer should make default,
and on the buyer making default, re-sells the goods, the original contract of
sale is thereby rescinded, but without prejudice to any claim the seller may
have for damages.
[Heading inserted: No. 19 of 2010 s. 44(2).]