- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 705. Seller's Stoppage of Delivery in Transit or Otherwise.
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. Seller's Resale Including Contract For Resale.
AS 45.02.705. Seller's Stoppage of Delivery in Transit or Otherwise.
- (a) The seller may stop delivery of goods in the possession of a carrier or other bailee when the seller discovers the
buyer to be insolvent (AS 45.02.702
) 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 or if for any other reason the seller has a right to withhold
or reclaim the goods.
- (b) As against the buyer the seller may stop delivery until
- (1) receipt of the goods by the buyer;
- (2) acknowledgment to the buyer by a bailee of the goods except a carrier that the bailee holds the goods for the buyer;
- (3) that acknowledgment to the buyer by a carrier by reshipment or as warehouseman; or
- (4) negotiation to the buyer of a negotiable document of title covering the goods.
- (c) To stop delivery the seller must so notify as to enable the bailee by reasonable diligence to prevent delivery of the
- (d) After that notification the bailee must hold and deliver the goods according to the direction of the seller, but the
seller is liable to the bailee for any ensuing charges or damages.
- (e) If a negotiable document of title has been issued for goods, the bailee is not obliged to obey a notification to stop
until surrender of the document.
- (f) A carrier who has issued a nonnegotiable bill of lading is not obliged to obey a notification to stop received from a
person other than the consignor.
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