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Business Environment and Law-Sale Of Goods Act 1930

Perishing Of Goods-Sale Of Goods Act 1930

   Posted On :  08.05.2018 01:38 am

After a contract of sale is made the subject matter of the contract may be destroyed or it may be found that the subject matter had already been destroyed before the date of making the contract, the effect of the two cases would be different.

Perishing Of Goods
 
After a contract of sale is made the subject matter of the contract may be destroyed or it may be found that the subject matter had already been destroyed before the date of making the contract, the effect of the two cases would be different.

A. Goods perishing before the contract of sale (Sec.7) provides, “where there is a contract for the sale of specific goods, the contract is void, if the goods without the knowledge of the seller have, at the time when the contract was made, perished or become so damaged as no longer to answer to their description in the contract.”

B. Goods perishing after the contract of sale is made 
1. Perishing before sale but after an agreement to sell: “unless otherwise agreed, the goods remain at the seller’s risk, until the property therein is transferred to the buyer…”
2. Goods perishing after sale: In sale, goods are destroyed after sale. The loss arising from the destruction or damage of the goods would be borne by the buyer.(Sec.26)
Tags : Business Environment and Law-Sale Of Goods Act 1930
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