26. Risk prima facie passes with property.—
Unless otherwise agreed, the goods remain at the
seller’s risk until the property therein is transferred to the buyer, but when the property therein is
transferred to the buyer, the goods are at the buyer’s risk whether delivery has been made or not:
1. Subs by Act 33 of 1963, s. 4, for sub-sections
(2) and
(3) (w.e.f. 22-9-1963).
8
Provided that , where delivery has been delayed through the fault of either buyer or seller, the goods
are at the risk of the party in fault as regards any loss which might not have occurred but for such fault:
Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as
a bailee of the goods of the other party.
Transfer of title
