Right of Stoppage in Transit

2025 WordsSep 4, 20129 Pages
Introduction Unpaid seller which defined as any person who is in the position of a seller, the one to whom the bill of lading has been indorsed, or the one who is directly responsible for the price but has yet been paid or tendered according to Section 45 of the Sale of Goods Act 1957. This unpaid seller has certain right over the goods that is being transacted until the other party fully pay him/her. And the right of the unpaid seller is clearly defined within Section 46(1) of the Sale of Goods Act 1957 which states that “Subject to this Act of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law – a. A lien on…show more content…
Duration of Transit Generally goods are deemed to be in the course of transit from the time when they are delivered to a carrier or other bailee for the purpose of transmission to the buyer, until the buyer of his agent takes the delivery from such carrier or other bailee. But to make the term “duration” even clearer as to avoid any confusion, the Sale of Goods Act 1957 explain it even further in the Section 51 of the Sale of Goods Act 1957 which stated that “ 1. Goods are deemed to be in course of transit from the time when they are delivered to a carrier 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. Sale of Goods 25 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
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