Australian Capital Territory Current Acts

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Method of effecting stoppage in transitu

    (1)     The unpaid seller may exercise the unpaid seller's right of stoppage in transitu either by taking actual possession of the goods or by giving notice of the unpaid seller's claim to the carrier or other bailee in whose possession the goods are.

    (2)     The notice may be given either to the person in actual possession of the goods or to the person's principal.

    (3)     If the notice is given to the principal, the notice is not effectual unless it is 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.

    (4)     If 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.

    (5)     The expenses of the redelivery must be borne by the seller.

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