Section 2--705. Seller's Stoppage of Delivery in Transit or Otherwise.(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 or if for any other reason the seller has a right to withhold or reclaim the goods.
(2) As against such buyer the seller may stop delivery until
(a) receipt of the goods by the buyer; or
(b) acknowledgment to the buyer by any bailee of the goods except
a carrier that the bailee holds the goods for the buyer; or
(c) such acknowledgment to the buyer by a carrier by reshipment
or as a warehouse; or
(d) negotiation to the buyer of any negotiable document of title
covering the goods.
(3) (a) To stop delivery the seller must so notify as to enable the
bailee by reasonable diligence to prevent delivery of the
goods.
(b) After such notification the bailee must hold and deliver the
goods according to the directions of the seller but the
seller is liable to the bailee for any ensuing charges or
damages.
(c) 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 possession or control of the document.
(d) A carrier who has issued a non-negotiable bill of lading is
not obliged to obey a notification to stop received from a
person other than the consignor.
Last modified: February 3, 2019