GOODS DAMAGED BEFORE DELIVERY

The basic rule is set out in Sale of Goods Act 1979, s.20(1) which provides that unless otherwise agreed the risk of loss or damage to goods passes to the buyer as and when the property in the goods passes to the buyer.

So the critical question is at what point in a transaction does the property in goods pass to the buyer? The answer to this question depends on whether the goods are

• specific goods, or
• unascertained goods

• Click here for information about the passing of property for specific goods.
• Click here for information about the passing of property for unascertained goods.