Section 51 of SOGA : Section 51: Duration Of Transit

SOGA

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Explanation using Example

Imagine you purchased a new dining table online. The seller ships the table through a delivery service. From the moment the table is handed over to the delivery service (Section 51(1)), it is considered to be in transit to you. If you decide to meet the delivery truck halfway to your home and take the table from there (Section 51(2)), the transit ends the moment you receive the table.

If the table reaches your local delivery depot and the delivery service informs you that they are holding the table on your behalf (Section 51(3)), the transit is considered over, even if you had plans to send the table further to a second location. However, if you reject the table due to a defect and the delivery service retains possession of it (Section 51(4)), the goods are still in transit, and you may have rights under the Act to address the issue.

Should the table be shipped on a vessel you've chartered, it's a matter of the specific situation whether the ship's master is acting as a carrier or your agent (Section 51(5)). If the delivery service unjustly refuses to hand over the table to you (Section 51(6)), the transit is considered over, and you might take legal steps to obtain your property. Lastly, if you only receive the chairs from the dining set but not the table (Section 51(7)), the remaining items can still be stopped in transit unless the partial delivery implies you've taken possession of the entire set.

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