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Which of the following are exceptions to general rule “Risk prima facie passes with the property”?
The parties may by agreement separate the risk from the ownership of the property and they may provide in their agreement that the property shall be at risk of the buyer even though the property in goods may not have passed to him.
Where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
In case of contract of supply of goods at a distant place the seller may not take the responsibility of risk of goods during the transit. The contract may therefore provide that even though the property in goods may not have passed to the buyer, goods shall be at the risk of the buyer during the transit.
All of the above
Section 26 of Sale of Goods Act – 26. 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, where deliver has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: Provided also that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.
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