Notes And Commentaries On the Sale of Goods Act, 1893 : With Special Reference to the Law of Scotland

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Come and Sons (1872), 9 S.L.K. 617.
IS6 SALE OF GOODS ACT 1893.
Sect. 32. 32. — (1.) Where, in pursuance of a contract of sale/"^ CARRIER. the seller® is authorised or required^"^ to send the goods® to the buyer,® delivery^'^ of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is prim^ facie ^'^ deemed to be a delivery^'*' of the goods to the buyer.
(2.) Unless otherwise authorised by the buyer, the seller must make such contract with the c
...arrier^-'^^ on behalf of the buyer as may be reasonable having regard to the nature of the goods and the other circumstances of the case. If the seller omit so to do, and the goods are lost or damaged in course of transit,^^ the buyer may decline® to treat the delivery to the carrier as a delivery to himself, or may hold the seller responsible® in damages.
(3.) Unless otherwise agreed, where goods are sent by the seller to the buyer by a route involving sea transit,^'^ under circumstances in which it is usual to insure, the seller must give such notice to the buyer*^^ as may enable him to insure them during their sea transit, and, if the seller fails to do so, the goods shall be deemed to be at his risk during such sea transit.


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