Acts and Regulations

2016, c.110 - Sale of Goods Act

Full text
When goods deemed in transit
58(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 custodian, for the purpose of transmission to the buyer, until the buyer, or the buyer’s agent, takes delivery of them from that carrier or other bailee or custodian.
58(2)If the buyer or the buyer’s agent obtains delivery of the goods before their arrival at the appointed destination, the transit is at an end.
58(3)If, after the arrival of the goods at the appointed destination, the carrier or other bailee or custodian acknowledges to the buyer, or the buyer’s agent, that the carrier or other bailee or custodian holds the goods on the buyer’s behalf and continues in possession of them as bailee or custodian for the buyer, or the buyer’s 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.
58(4)If the goods are rejected by the buyer, and the carrier or other bailee or custodian 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.
58(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.
58(6)If the carrier or other bailee or custodian wrongfully refuses to deliver the goods to the buyer, or the buyer’s agent, the transit is deemed to be at an end.
58(7)If part delivery of the goods has been made to the buyer, or the buyer’s agent, the remainder of the goods may be stopped in transit, unless the part delivery has been made under circumstances that show an agreement to give up possession of the whole of the goods.
R.S.1973, c.S-1, s.42