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Version status: In force | Document consolidation status: No known changes
Version date: 29 November 2022 - onwards
Version 2 of 2

35. Passing of risk

(1) Where a sales contract is concluded between a trader and a consumer, goods remain at the trader's risk until the consumer, or a person nominated by the consumer for the purpose, acquires the physical possession of the goods.

(2) Subsection (1) does not apply where the goods are delivered to a carrier who -

(a) was commissioned by the consumer for the purpose of carrying the goods, and

(b) was not proposed by the trader for that purpose.

(3) Where subsection (2) applies, the goods are at the consumer's risk upon delivery to the carrier.

(4) Subsection (3) is without prejudice to the rights of the consumer against the carrier.