| Commentary

104.7 Goods that perish

| Commentary

104.7 Goods that perish

A contract is void where it is a contract for specific goods but the goods have perished without the knowledge of the seller at the time the contract is made1.

Note that only specific goods2 are covered by this section. Unascertained goods would not be covered, and if they have perished the seller would still be under a duty to supply the goods3.

The section will apply if the buyer has knowledge that the goods have perished. The section is likely to apply where there has been partial destruction if the

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