Western Australian Current Acts Western Australian Current Acts (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 or custodier 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 or custodier.
(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
or custodier acknowledges to the buyer, or his agent, that he holds the goods
on his behalf and continues in the possession of them as bailee or custodier
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 or custodier 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 or custodier 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.