184 Chapter 7The Sale of Goods Act 1979
If the loss of the goods, or the damage to them, was the fault of a particular person the
legal position would be the same, except that the party who suffered the loss on account of
having the risk at the time of the loss or damage would be able to claim damages from the
person who caused the loss or damage. So, if in the second example above it was Cyd’s fault
that the oil was destroyed then Sajjid could sue Cyd for damages to compensate for all the
loss suffered.
Figure 7.1 shows an outline of the legal position where goods which have been sold have
become lost or damaged. It assumes that the loss or damage was not the fault of either
party. If the loss or damage is the fault of either the buyer or the seller, the party at fault will
have to bear the loss.Figure 7.1 The goods are lost or damaged. Who bears the loss?