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A bailee is an individual who temporarily gains possession, but not ownership, of a good or other property. The bailee, who is also called a custodian, is entrusted with the possession of the good or property by another individual known as the bailor.
It is the duty of the seller to deliver the goods and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale. 32. Payment and delivery are concurrent conditions.
(2) When notice of stoppage in transit is given by the seller to the carrier or other bailee in possession of the goods, he shall re-deliver the goods to, or according to the directions of, the seller. The expenses of such re-delivery shall be borne by the seller.
The unpaid seller delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods; The buyer or his agent lawfully obtains possession of the goods; The unpaid seller has waived its right of lien over the goods.
If a buyer fails to pay the price within the decided time, then unpaid seller has the right to stop the goods in transit. The unpaid seller has the right to resell the goods. 1. Suit for price 2.
1. Actual Delivery: Also known as physical delivery, actual delivery takes place when the goods are physically handed over by the seller or his/her authorized agent to the buyer or his/her agent authorized to take possession of the goods.
(1) The seller may stop delivery of goods in the possession of a carrier or other bailee when he discovers the buyer to be insolvent (Section 2-702) and may stop delivery of carload, truckload, planeload or larger shipments of express or freight when the buyer repudiates or fails to make a payment due before delivery
: the right of a seller of goods to stop them on their way to the buyer and resume possession of them (as on discovery of the buyer's insolvency) called also stoppage in transit.
When the buyer or lessee breaches the contract while the goods are in his or her possession, the seller or lessor can sue to recover the purchase price of the goods or the lease payments due, plus incidental damages UCC 2709(1), 2A529(1).
Conformity of the Goods Accordingly, Article 35(1) CISG provides that the seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.