sale of goods allocation of risk

Question 1

s148 - risk passes with property unless otherwise agreed

Answer 1

1. risk passes regardless of whetehr dekivery has been made
2. delay of delivery, risk is with party taht caused the delay
3. section doenst effcet the obligations of a bailee w possesion

Question 2

s127- contract void if goods have perished ar time when contract is made w/o seller knowledge

Answer 2

-applies to contarct of sale for specifci goods at the momenet of sale
- seller faces a loss as they now have damaged goods but buyer us free from contracual obliagtion to buy the goods

Question 3

s128 - contract void if goods before sale but after agt to sell

Answer 3

-applies to agt to sell spefici goods, agts will be voided if goods subsequently perish without any fault on the part of the seller or the buyer, before the risk passes to buyer

Question 4

oldfeild ashphalts v grovedale coolstores

Answer 4

oa agt to prucahse freezing chamber from grovedale , it was damged by third party, fire, after contarct was signed. neitehr party at fault but damage 200,000
proeprty had not get passed as conditional agt to sell, grovedale was at risk but tehy could claim it was pesrished,were altered so much they wernt suitable for buisness purpose and couldnt be ressoanblel repaired