Answer to Question #119217 in British Law for Ayesha

Question

A is unpaid seller of bike for Rs, 10000, B, the buyer, defaulted in payment. A, without giving notice to B, re-sold the bike to C for Rs, 12000.
Give short but reasoned answers to the following questions.
i. Can A legally re-sell the bike to C without giving any notice to B?

Answer 1

If A is the lawful owner of the bike he is legally obligated to sell the bike to whoever he sees best. However, in a business point of view it is legally wrong since by agreeing to sell the bike to C without consulting B, it may be termed as breach of contract or breach of agreement. A can resell the bike if he or she reposes the bike first before selling it to C. Therefore it is a breach of law, or rather unlawful for A to resell to C without knowledge of B