Perishing of specific goods before risk passes nullifies the agreement where loss occurs without seller or buyer fault. When specific goods covered by an agreement to sell perish or become so damaged before the risk passes to the buyer, and this occurs without fault by seller or buyer, the agreement is thereby avoided because the subject-matter no longer corresponds to the contract description.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Perishing of specific goods before risk passes nullifies the agreement where loss occurs without seller or buyer fault.
When specific goods covered by an agreement to sell perish or become so damaged before the risk passes to the buyer, and this occurs without fault by seller or buyer, the agreement is thereby avoided because the subject-matter no longer corresponds to the contract description.
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