Demby Hamilton & Co Ltd v Barden

Where delivery is delayed through the buyer's fault, the goods are at the buyer's risk as regards any loss which might not have occurred but for the delay.

Citation
[1949] 1 All ER 435
Court
King's Bench Division
Year
1949
Subject
Commercial Law
Topic
Passing of property and risk

Facts

Mr Barden agreed to sell apple juice to Demby Hamilton, to be delivered in weekly instalments. The buyers delayed in taking delivery of the later instalments, and the remaining juice, which had been set aside for them, went bad. The sellers sued for the price of the juice that had gone bad.

Legal principle

Sellers J held that the buyers bore the loss. Under section 20 of the Sale of Goods Act, 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. The juice would not have gone bad if the buyers had taken delivery on time, so they bore the risk of its deterioration, even though property had not passed to them.

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