Commentary

104.8 Goods perishing before sale but after agreement to sell

COMMERCIAL CONTRACTS vol 7(2)
| Commentary

104.8 Goods perishing before sale but after agreement to sell

| Commentary

104.8 Goods perishing before sale but after agreement to sell

An agreement to sell is avoided where, after entry into an agreement to sell specific goods, the goods perish without any fault of the buyer or seller, before risk passes to the buyer1.

Note that only specific goods2 are covered by Section 7. This section is narrower than Section 6, as it requires no fault on both the part of the buyer and seller.

‘Perished’ means:

  1. 104.8.1

        physically destroyed; or

  2. 104.8.2

        if damaged, that the goods no longer correspond to their description3.

‘Perished’ does not

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