Maxim 1.5.193
The risk of a thing sold, and not yet delivered, is the purchaser’s.
Periculum rei venditae, nondum traditae, est emptoris.
Source: Jackson
Difficulty 1/5 — Foundational
Explanation
Once a sale is complete, risk of loss passes to the buyer even before physical delivery — the buyer bears the loss if the goods are destroyed in transit.
Where this applies
- Goods are sold but destroyed before delivery, and a dispute arises about who bears the loss.
- A purchased item is damaged in transit and the buyer claims the seller should bear the risk.
Legal domains
Cite this maxim
NeCede Max. 1.5.193 — The risk of a thing sold, and not yet delivered, is the purchaser’s. — Jackson (Periculum rei venditae, nondum traditae, est emptoris.)
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