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s 48

How stoppage in transitu is effected

In force
Part VRights of unpaid seller against the goods
Division 3Stoppage in transitu

48 How stoppage in transitu is effected

(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. The 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 redeliver the goods to or according to the directions of the seller.

The expenses of the redelivery must be borne by the seller.

Division 4 Resale by buyer or seller

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Section 48 — How stoppage in transitu is effected — Sale of Goods Act 1972 (Northern Territory) — Barrister AI