Module 2 · Chapter 5

Delivery, Risk, Retention of Title and Force Majeure

Goods sold abroad change hands in stages. This chapter shows when delivery happens and when the risk of damage passes. It also shows why the seller keeps ownership until it is paid, and which events excuse a delay.

≈ 8 min read 8-question test

In this chapter

  • Where the machines are delivered, and when the risk of damage passes
  • Why Cressby keeps ownership of each machine until it is paid
  • Which events excuse a delay, and which never do

5.1Delivery and ownership in one paragraph

A machine changes hands in stages on its way from Nottingham to customers in Ireland. Delivery happens when the machines are loaded on Tullavane’s transport, and the risk of damage passes then too. Ownership passes later, only when Cressby has been paid. A short force majeure clause then says which events excuse a delay.

Key point

Risk passes on loading, and ownership passes on payment. Tullavane carries the loss from the moment a machine is loaded. But Cressby owns it until its price is paid in full.

Also in this chapter

  1. Free carrier at Nottingham, and when the risk passes
  2. Retention of title: Cressby owns each machine until it is paid
  3. Force majeure: what excuses a delay
  4. Your job

Preview

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