Sale of Goods Act

22. Risk prima facie passes with property

Edition: 1964-11-03 · In force

22. 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:Provided that—

(i)where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party at fault as regards any loss which might not have occurred but for that fault;

(ii)nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee or custodier of the goods of the other party.

Transfer of Title

← Previous provision Next provision →

Source: Kenya Law