Use “stoppage in transit” in a sentence | “stoppage in transit” example sentences
1- There are three possible remedies against the goods – lien, stoppage in transit and resale.
2- With one exception, the right of stoppage in transit is lost in the same circumstances as is the seller’s lien.
3- ULIS attempted to deal with the effect of stoppage in transit on the rights of a third person who is a “lawful holder” of a document of title.
4- The provisions on stoppage in transit in Article 71(2) of the Convention reflect a substantial revision of ULIS 73(2) and (3).
5- While Article 71 offers rules on the grounds and prerequisites for suspending performance or stoppage in transit , it does not provide any guidelines on the time frame or duration of these rights.
6- Isolated and kept within its context, Article 71(2)’s right of stoppage in transit seems to be able in certain circumstances to secure the purchase price after the seller has performed his duty to dispatch the goods.
7- Does the stoppage in transit trigger a sort of retrocession of ownership, or does ownership rest with the buyer while the goods are somehow retained by the seller like a pledged good or a lien?
8- Does it amount to an automatic nullification of the transfer of ownership, since the earlier transfer of ownership had been based on a transfer which has now been suspended by the stoppage in transit ?
9- The right of stoppage in transit only arises once the goods have been dispatched (i.e., handed over to the carrier pursuant to Article 31).
10- The most significant questions regarding stoppage in transit may arise not in connection with sales law, but out of the various areas of crossover between sales law and other fields of law that affect sales and transportation in a default or insolvency environment.
11- It is worth noting that the seller is entitled to exercise the right of stoppage in transit even if the documents of title or ownership have already been transferred to the buyer.
12- While courts have elaborated in great detail on the first remedy, suspension before shipment, no cases have yet addressed stoppage in transit under the CISG.
13- Not only can a seller suspend his performance if he anticipates a breach by the buyer before the goods are shipped (see Part II), but he can also stop the goods after shipment (i.e., during transit (so-called ” stoppage in transit ,” see Part III)).
14- Section 46 deals with how stoppage in transit may be effected, by the seller either taking actual possession of the goods or giving notice of his claim to the carrier.
15- Although delivery to a carrier without the reservation of a right of disposal terminates the unpaid seller’s lien, he may still be able to recover the goods by exercising his right of stoppage in transit .
16- Special Terms (cont’d)Romalpa Clause (Retention of Title)- From a Seller perspective a term which provides that title or ownership of the goods is retained by the Seller until payment in full by Buyer.- Useful where Buyer is placed in insolvency–goods do not form part of the Buyer’s assets.- See – stoppage in transit ‖–under Chinese law–Seller can seek an injunction to prevent delivery of goods.
17- To be sure, this may be a partial and limited right of control because the consignor may have retained a right to change the consignee while conveying the right of stoppage in transit .
Related Words:
transistors – transit – mass transit – transit camp – transit visa – transit lounge – transit passenger – stoppage in transit – rapid transit system – cash-in-transit policy – public transit – transited – transiting – transition – make the transition –
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