First Principles of Business Law

Performance and breach of contract

6. Risk and Frustration

6.2. Risk in goods bought and sold

 

 

 

Read the facts and the question and then choose the best answer.

A, a South Australian wine seller, has 12 bottles of old and very expensive Penfolds Grange Hermitage wine. While travelling in Victoria, he tells B about the wine, and B offers him $25,000 for the 12 bottles. A accepts this offer, promising to deliver the wine as soon as he returns to Adelaide.

However, when A returns home he finds out that, while he was away in Victoria, and before he met with B, an accidental fire destroyed some of his stock, including the 12 bottles of wine sold to B.

In these circumstances, must B pay for the wine that A can no longer deliver?

(a) Yes. It is not A's fault that the wine was destroyed and A did not know it no longer existed when he sold it. Accordingly, B has the risk of the loss and must pay as promised for the wine he bought.

(b) No. If the wine no longer existed when it was sold, the contract of sale is not valid and B does not have to pay as promised.

 

 

 

 

 

 

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