Victorian Consolidated Legislation

Goods Act 1958 - SECT 45

Definition of unpaid seller

45. Definition of unpaid seller



(1) The seller of goods is deemed to be an unpaid seller within the meaning of
this Part-

   (a)  when the whole of the price has not been paid or tendered;

   (b)  when a bill of exchange or other negotiable instrument has been
        received as conditional payment, and the condition on which it was
        received has not been fulfilled by reason of the dishonour of the
        instrument or otherwise.

(2) In this Division the term seller includes any person who is in the
position of a seller, as for instance an agent of the seller to whom the bill
of lading has been indorsed or a consignor or agent who has himself paid or is
directly responsible for the price.