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NeCede's

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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