SALE OF GOODS ACT 1923 - SECT 48
How stoppage in transitu is effected
SALE OF GOODS ACT 1923 - SECT 48
How stoppage in transitu is effected
48 How stoppage in transitu is effected
(1) The unpaid seller may exercise the seller's right of stoppage in transitu
either by taking actual possession of the goods or by giving notice of the
seller's claim to the carrier or other bailee in whose possession the goods
are. The notice may be given either to the person in actual possession of the
goods or to the person's principal. In the latter case the notice to be
effectual must be given at such time and under such circumstances that the
principal, by the exercise of reasonable diligence, may communicate it to the
principal's servant or agent in time to prevent a delivery to the buyer.
(2)
When notice of stoppage in transitu is given by the seller to the carrier or
other bailee in possession of the goods, the carrier or other bailee must
redeliver the goods to or according to the directions of the seller. The
expenses of the redelivery must be borne by the seller.
