Section 26: Risk prima facie passes with property

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The Sale of Goods Act, 1930

Chapter-III
Effects of the Contract
Transfer of Property as between Seller and Buyer

Section 26: Risk prima facie passes with property.

26. 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 in this section shall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.


 

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