Risk
Sale of Goods Act
F7[
Passing of risk
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.]
Annotations:
Amendments:
F7
Substituted (13.06.2014) by European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No. 484 of 2013), reg. 29.
2013 Regulations
PART 6
Passing of Risk and Delivery in Sales Contracts
Application of Part 6
28. (1) This Part applies to contracts of sale within the meaning of section 1 of the Act of 1893 where the buyer deals as consumer.
(2) In this Part, “deals as consumer” has the meaning given by section 3 of the Act of 1980.
Amendment of section 20 of Act of 1893
29. The following is substituted for section 20 of the Act of 1893:
Passing of risk
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.”.