Question 3 (a) part ii
Risk passes with property
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 3 (a) part ii · 3 marks- “Prima facie, risk passes with property.” Comment.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- CommentA statement to judge: take a stand on it in your first line, and come back to it at the end.
What the paper leaves open
Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).
Write it in this order
- 1 (ii) Risk passes with property 3 marks 6 min
Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
(ii) Risk passes with property. Section 26 ties the risk of loss to ownership rather than to possession. Whoever owns the goods when they are lost or damaged bears the loss: while the property is still with the seller the goods are at his risk, and once it has passed to the buyer they are at the buyer's risk, even if the seller still holds them. "Prima facie" signals that this is only the starting point:
- Agreement: the parties may agree that risk passes before or after the property.
- Fault in delivery: where delivery is delayed through the fault of the buyer or the seller, the party at fault bears any loss that would not have happened but for the delay.
- Custody: a seller or buyer who holds the goods for the other remains answerable for them as a bailee, even after the risk itself has passed to the other.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (ii) Risk passes with property | 3 |
| Total | 3 |
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