We buy and sell things every day, and no doubt most of us assume that it is only when we become the owner that we take the risk of our purchase being damaged or destroyed.
But that isn’t always so, and you could face substantial losses if you aren’t aware of the fact that in our law, passing of ownership and passing of risk are two different concepts, and they may not be simultaneous.
We discuss the case of a buffalo which, after being sold for R1m, died during a darting operation before delivery to the buyer. Who bears the loss in such a case?
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