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Multiple Choice

In a sale of goods contract, which remedy allows a buyer to stop goods in transit when the seller breaches?

The key idea is stopping a shipment that’s already on its way when the seller breaches. In a sale of goods, the buyer can instruct the carrier to halt delivery while the goods are in transit. This keeps the goods from reaching the buyer and is a practical way to avoid being stuck with nonconforming or unwanted goods, especially when there’s a breach by the seller. The stop-in-transit remedy is activated by timely notice to the carrier (and the seller) so the carrier can identify and hold the goods or reroute them back to the seller if needed. It’s specifically designed for situations where delivery is in progress and the buyer wants to prevent transfer of possession. Replevin, by contrast, is about recovering goods that are wrongfully detained or wrongfully withheld, typically after possession has been established or when the goods are in the hands of someone who won’t return them. Specific performance would compel the seller to deliver the contracted goods, but it’s not the typical remedy for ordinary breach in a goods sale, and it’s rarely used for standard goods. The stop goods in transit remedy directly targets preventing delivery when the seller breaches, which is why it’s the best fit here.

The key idea is stopping a shipment that’s already on its way when the seller breaches. In a sale of goods, the buyer can instruct the carrier to halt delivery while the goods are in transit. This keeps the goods from reaching the buyer and is a practical way to avoid being stuck with nonconforming or unwanted goods, especially when there’s a breach by the seller. The stop-in-transit remedy is activated by timely notice to the carrier (and the seller) so the carrier can identify and hold the goods or reroute them back to the seller if needed. It’s specifically designed for situations where delivery is in progress and the buyer wants to prevent transfer of possession.

Replevin, by contrast, is about recovering goods that are wrongfully detained or wrongfully withheld, typically after possession has been established or when the goods are in the hands of someone who won’t return them. Specific performance would compel the seller to deliver the contracted goods, but it’s not the typical remedy for ordinary breach in a goods sale, and it’s rarely used for standard goods. The stop goods in transit remedy directly targets preventing delivery when the seller breaches, which is why it’s the best fit here.