| Commentary

172 Risk

| Commentary

172 Risk

A sales contract is to be treated as including as a term that risk in goods will pass to the consumer from the trader when the goods come into the physical possession of the consumer or a third party who is identified by the consumer to take possession1.

However, where the goods are delivered to a carrier; and:

  1. 172.1

        the consumer has arranged for the delivery by the carrier, and

  2. 172.2

        the trader has not named the carrier as an option for the consumer2,

the risk will be the consumer’s on and after delivery

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