A farmer agrees to sell to a buyer a specific, identified crop of potatoes standing in his field. Before the risk passes to the buyer, the whole crop is destroyed by blight without either party's…
Question and options
A farmer agrees to sell to a buyer a specific, identified crop of potatoes standing in his field. Before the risk passes to the buyer, the whole crop is destroyed by blight without either party's fault. What is the effect under the Sale of Goods Act, 1930?
The agreement is avoided
The buyer may sue the farmer for damages for non-delivery
The farmer must supply potatoes from another source
The buyer must still pay the price
Answer and explanation
Section 8 of the Sale of Goods Act, 1930 provides that where there is an agreement to sell specific goods and they perish without fault of either party before the risk passes to the buyer, the agreement is avoided. Because the goods were specific, the farmer is not bound to supply others, and because risk had not passed, the loss does not fall on the buyer.
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