28-2-705. 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 28-2-702) and may stop delivery of carload, truckload, plane load 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 nonnegotiable bill of lading is not obliged to obey a notification to stop received from a person other than the consignor.
History:
[28-2-705, added 1967, ch. 161, sec. 2-705, p. 351; am. 2004, ch. 42, sec. 14, p. 108.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Section 28-2-701 - REMEDIES FOR BREACH OF COLLATERAL CONTRACTS NOT IMPAIRED.
Section 28-2-702 - SELLER’S REMEDIES ON DISCOVERY OF BUYER’S INSOLVENCY.
Section 28-2-703 - SELLER’S REMEDIES IN GENERAL.
Section 28-2-705 - SELLER’S STOPPAGE OF DELIVERY IN TRANSIT OR OTHERWISE.
Section 28-2-706 - SELLER’S RESALE INCLUDING CONTRACT FOR RESALE.
Section 28-2-707 - “PERSON IN THE POSITION OF A SELLER.”
Section 28-2-708 - SELLER’S DAMAGES FOR NONACCEPTANCE OR REPUDIATION.
Section 28-2-709 - ACTION FOR THE PRICE.
Section 28-2-710 - SELLER’S INCIDENTAL DAMAGES.
Section 28-2-711 - BUYER’S REMEDIES IN GENERAL — BUYER’S SECURITY INTEREST IN REJECTED GOODS.
Section 28-2-712 - “COVER” — BUYER’S PROCUREMENT OF SUBSTITUTE GOODS.
Section 28-2-713 - BUYER’S DAMAGES FOR NONDELIVERY OR REPUDIATION.
Section 28-2-714 - BUYER’S DAMAGES FOR BREACH IN REGARD TO ACCEPTED GOODS.
Section 28-2-715 - BUYER’S INCIDENTAL AND CONSEQUENTIAL DAMAGES.
Section 28-2-716 - BUYER’S RIGHT TO SPECIFIC PERFORMANCE OR CLAIM AND DELIVERY.
Section 28-2-717 - DEDUCTION OF DAMAGES FROM THE PRICE.
Section 28-2-718 - LIQUIDATION OR LIMITATION OF DAMAGES — DEPOSITS.
Section 28-2-719 - CONTRACTUAL MODIFICATION OR LIMITATION OF REMEDY.
Section 28-2-720 - EFFECT OF “CANCELLATION” OR “RESCISSION” ON CLAIMS FOR ANTECEDENT BREACH.
Section 28-2-721 - REMEDIES FOR FRAUD.
Section 28-2-722 - WHO CAN SUE THIRD PARTIES FOR INJURY TO GOODS.
Section 28-2-723 - PROOF OF MARKET PRICE — TIME AND PLACE.
Section 28-2-724 - ADMISSIBILITY OF MARKET QUOTATIONS.
Section 28-2-725 - STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.