ABSTRACT
Under s 44, the unpaid seller has the right to stop the goods in transit, resume possession of the goods and retain possession until the price is paid. This right arises if the buyer becomes insolvent. The right is exercised either by taking actual possession of the goods or by the unpaid seller giving notice of his claim to the carrier in whose possession the goods are: s 46. A difficulty faced by the seller in such circumstances is that under s 46(4), he must bear the expenses of the goods being re-delivered to him. In an export sale these can be considerable.
