Australian Capital Territory Current Acts

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SALE OF GOODS ACT 1954 - SECT 25

Risk prima facie passes with property

    (1)     Subject to subsection (2), unless a different intention appears from the terms of the contract, the goods remain at the seller's risk until the property in the goods is transferred to the buyer but when the property in the goods is transferred to the buyer the goods are at the buyer's risk whether delivery has been made or not.

    (2)     If delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault so far as any loss that might not have occurred apart from that fault is concerned.

    (3)     This section does not affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.



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