s.21Risk prima facie passes with the property
21
Section 21Part 3Effects of the Contract

Risk prima facie passes with the property

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

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: Provided that 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: Provided also that nothing herein shall affect the duties or liabilities of either seller or buyer as a bailee or custodier of the goods of the other party.