In: Accounting
Identify who bears the risk of loss when goods are stolen and resold?
It very commonly happens that Goods may get stolen and resold by
someone other than the buyer and seller. It depends on the
circumstances of the time or the point of contract when the goods
were stolen to determine who bears the risk of loss. The most
important thing which determines liability is the person who holds
the 'Title of Goods'. If in a transaction of sale between a buyer
and seller, goods have been stolen before title was passed to
buyer, then the risk of loss is borne by the seller. If the buyer
holds the Title of goods and seller has completed his obligations
as per terms of contract then risk is of Buyer.
If goods are stolen when they are held by seller on behalf of
buyer, the liability of loss will be of seller. In case of 'Sale on
approval', the risk of loss is of the seller unless and until buyer
contractually accepts the delivered goods.
In case buyer breaches the sale contract, then risk of loss
immediately transfers from seller to buyer.
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