Section 45 of Sale of Goods Act CAP 31: Duration of transit
(1) Goods are deemed to be in course of transit from the time when they are delivered to a carrier by land, air 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 the 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 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 the 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 the part delivery has been made under such circumstances as to show an agreement to give up possession of the whole of the goods.
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- Section 46 - Mode 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 or custodier in...
- Section 47 - Effect of subsale or pledge by buyer
Subject to the provisions of this Act, the unpaid seller’s right of lien or retention or stoppage in transitu is not affected by any sale or other disposition of the goods which the buyer may have...
- Section 48 - Effect on sale of exercise of lien or stoppage in transitu
(1) Subject to the provisions of this section, a contract of sale is not rescindedby the mere exercise by an unpaid seller of his right of lien or retention or stoppage in transitu.
(2) Where an...
- Section 49 - Action for price
(1) Where, under a contract of sale, the property in the goods has passed to thebuyer, and the buyer wrongfully neglects or refuses to pay for the goods according to the terms of the contract, the...
- Section 50 - Action for non-acceptance
(1) Where the buyer wrongfully neglects or refuses to accept and pay forthe goods, the seller may maintain an action against him for damages for nonacceptance.
(2) The measure of damages is the...
- Section 51 - Action for non-delivery
(1) Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may maintain an action against the seller for damages for Non delivery.
(2) The measure of damages is...
- Section 52 - Right to specific performance
(1) In any action for breach of contract to deliver specific or ascertained goodsthe court may, if it thinks fit, on the application of the plaintiff, by its judgment or decree direct that the...
- Section 53 - Remedy for breach of warranty
(1) Where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is...
- Section 54 - Interest and special damages
Nothing in this Act shall affect the right of the buyer or the seller to recover interest or special damages in any case whereby law interest or special damages may be recoverable, or to recover money...
- Section 55 - Variation, etc., of implied rights
Where any right, duty or liability would arise under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by...
- Section 56 - Reasonable time
Where, by this Act, any reference is made to a reasonable time, the question what is reasonable time is a question of fact.
- Section 57 - Rights, etc., enforceable by action
Where any right, duty or liability is declared by this Act, it may, unless otherwise provided by this Act, be enforced by action.
- Section 58 - Auction sales
(1) In the case of sale by auction—
(a) where goods are put up for sale by auction in lots, each lot is prima facie deemed to be the subject of a separate contract of sale;
(b) a sale by auction is...
- Section 59 - Savings
(1) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything contained in this Act.
(2) The rules of the common law, including the law merchant,...