In a concluded sale, if the goods are destroyed, the loss is to be bor...
The transfer of property in the goods from the seller to the buyer is the essence of a contract of sale. Therefore the moment when the property in goods passes from the seller to the buyer is significant for following reasons:
Ownership -- The moment the property in goods passes, the seller ceases to be their owner and the buyer acquires the ownership. The buyer can exercise the proprietary rights over the goods. For example, the buyer may sue the seller for non-delivery of the goods or when the seller has resold the goods, etc.
Risk follows ownership -- The general rule is that the risk follows the ownership, irrespective of whether the delivery has been made or not. If the goods are damaged or destroyed, the loss shall be borne by the person who was the owner of the goods at the time of damage or destruction. Thus the risk of loss prima facie is in the person in whom the property is.
Action Against Third parties -- When the goods are in any way damaged or destroyed by the action of third parties, it is only the owner of the goods who can take action against them.
Suit for Price - The seller can sue the buyer for the price, unless otherwise agreed, only after the gods have become the property of the buyer.
Insolvency - In the event of insolvency of either the seller or the buyer, the question whether the goods can be taken over by the Official Receiver or Assignee, will depend on whether the property in goods is with the party who has become insolvent.
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In a concluded sale, if the goods are destroyed, the loss is to be bor...
In a concluded sale, if the goods are destroyed, the loss is to be borne by the buyer.
The principle of "caveat emptor" or "buyer beware" governs the distribution of risk in a concluded sale. According to this principle, once a sale is concluded, the buyer assumes the risk of any loss or damage to the goods. Therefore, if the goods are destroyed after the sale is finalized, the buyer is responsible for bearing the loss.
Explanation:
1. The principle of caveat emptor:
- This principle places the responsibility on the buyer to inspect the goods and ensure their suitability before making a purchase.
- Once the buyer has agreed to purchase the goods, they accept the risk associated with any subsequent loss or damage.
2. The concept of concluded sale:
- A sale is considered concluded when both the buyer and seller have agreed on the terms and conditions of the transaction, including the price and the quantity of goods.
- Once the sale is concluded, the ownership and risk associated with the goods are transferred to the buyer.
3. Risk and loss:
- In a concluded sale, the buyer assumes the risk of any loss or damage to the goods, unless otherwise agreed upon by both parties.
- This means that if the goods are destroyed after the sale is finalized, the buyer cannot hold the seller responsible for the loss.
4. Exceptions to the rule:
- There may be exceptions to this general rule if the loss or destruction of the goods is due to the fault or negligence of the seller.
- For example, if the seller fails to properly package the goods, resulting in their destruction during transportation, the seller may be held responsible for the loss.
Conclusion:
In a concluded sale, the buyer bears the risk of any loss or damage to the goods. This is based on the principle of caveat emptor, where the buyer assumes responsibility for inspecting the goods and accepting the associated risks. However, there may be exceptions to this rule if the loss is due to the fault or negligence of the seller.
In a concluded sale, if the goods are destroyed, the loss is to be bor...
Due to the rule Risk follows ownership in a concluded sale ownership has been transferred to buyer so loss borne by buyer