Under the Sale of Goods Act, unless otherwise agreed by the contracting parties, the risk … — JAMB UTME

Under the Sale of Goods Act, unless otherwise agreed by the contracting parties, the risk of loss or damage to the goods passes to the buyer only upon physical delivery, regardless of when property in the goods is transferred.

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False. Under the Sale of Goods Act, risk prima facie passes with ownership (property), not upon physical delivery, unless the parties explicitly agree otherwise.

The statement is false because under the Sale of Goods Act, the transfer of risk is linked to the passing of property (ownership) rather than physical delivery. If property has passed to the buyer, the goods are at the buyer's risk whether delivery has been made or not.

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Identify the statutory default rule regarding the passing of risk in a contract for the sale of goods.

Section 20 of the Sale of Goods Act establishes that unless otherwise agreed, goods remain at the seller's risk until property in them is transferred to the buyer.

The act applies the legal doctrine of 'res perit domino' (the loss falls on the owner).

Distinguish between the transfer of property (ownership) and physical delivery of goods.

Property can pass to the buyer before physical delivery occurs (for example, in an unconditional contract for specific goods in a deliverable state).

Physical delivery is not the legal prerequisite for the transfer of risk unless stipulated in the contract.

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Passing of Risk vs. Passing of Property under the Sale of Goods Act

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