Victorian Consolidated Legislation

Goods Act 1958 - SECT 51

Duration of transit

51. Duration of transit



(1) Goods are deemed to be in course of transit from the time when they are
delivered to a carrier by land or water or other bailee for the purpose of
transmission to the buyer until the buyer or his agent in that behalf takes
delivery of them from such carrier or other bailee.

(2) If the buyer or his agent in that behalf obtains delivery of the goods
before their arrival at the appointed destination the transit is at an end.

(3) If after the arrival of the goods at the appointed destination the carrier
or other bailee acknowledges to the buyer or his agent that he holds the goods
on his behalf and continues in possession of them as bailee for the buyer or
his agent the transit is at an end, and it is immaterial that a further
destination for the goods may have been indicated by the buyer.

(4) If the goods are rejected by the buyer and the carrier or other bailee
continues in possession of them the transit is not deemed to be at an end even
if the seller has refused to receive them back.

(5) When goods are delivered to a ship chartered by the buyer it is a question
depending on the circumstances of the particular case whether they are in the
possession of the master as a carrier or as agent to the buyer.

(6) Where the carrier or other bailee wrongfully refuses to deliver the goods
to the buyer or his agent in that behalf the transit is deemed to be at an
end.

(7) Where part delivery of the goods has been made to the buyer or his agent
in that behalf the remainder of the goods may be stopped in transitu unless
such part delivery has been made under such circumstances as to show an
agreement to give up possession of the whole of the goods.