Last Updated: 31 May 2019
AN ACT TO RE-ENACT AND AMEND THE LAW RELATING TO THE SALE OF GOODS AND SERVICES, LAY-BY SALES, UNSOLICITED GOODS AND MISREPRESENTATION
[SAG 45] Duration of transit45
45
(2) If the buyer or his or her 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 arrival of the goods at the appointed destination, the carrier or other bailee or custodier acknowledges to the buyer or his or her agent that he or she holds the goods on his or her behalf and continues in possession of them as bailee or custodier for the buyer or his or her 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 of the buyer.
(6) Where the carrier or other bailee or custodier wrongfully refuses to deliver the goods to the buyer or his or her 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 or her 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.
The Laws of Fiji