Victorian Consolidated Legislation

Goods Act 1958 - SECT 52

Exercise of stoppage in transitu

52. Exercise of stoppage in transitu



(1) The unpaid seller may exercise his right of stoppage in transitu either by
taking actual possession of the goods or by giving notice of his claim to the
carrier or other bailee in whose possession the goods are. Such notice may be
given either to the person in actual possession of the goods or to his
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 his 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 he must re-deliver the goods to or
according to the directions of the seller. The expenses of such re-delivery
must be borne by the seller.

Re-sale by Buyer or Seller