Sale of Goods Act 1893

F7 [ Passing of risk

20

20. (1) Unless otherwise agreed, the goods remain at the seller s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer s risk whether delivery has been made or not.

(2) Where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.

(3) Subsections (1) and (2) do not apply to a contract of sale where

( a ) the buyer deals as consumer, and

( b ) the seller dispatches the goods to the buyer.

(4) Where subsection (3) applies, the goods remain at the seller s risk until the buyer, or a person indicated by the buyer for this purpose, acquires the physical possession of the goods.

(5) Subsection (4) does not apply where the goods are delivered to a carrier who

( a ) was commissioned by the buyer for the purpose of carrying the goods, and

( b ) was not proposed by the seller for that purpose.

(6) Where subsection (5) applies, the goods are at the buyer s risk upon delivery to the carrier.

(7) Subsection (5) is without prejudice to the rights of the buyer, or the liability of the carrier, in respect of the goods. ]