RE: Good Article21 Oct 2025 10:01
For clarification (courtesy of Chatgpt)...
ChatGPT
You said:
in uk and international law, who is by default responsible for goods in transit, the buyer or the seller?
ChatGPT said:
Good question — and the answer depends on the terms of the contract and which legal framework applies (for example, UK domestic law or international sales law such as the CISG or Incoterms).
Here’s a breakdown:
🇬🇧 Under UK Law (Sale of Goods Act 1979)
In UK law, the default rule (when not otherwise agreed) is found in the Sale of Goods Act 1979, particularly sections 32 and 20:
Section 32(2):
If the seller is required to send the goods to the buyer, delivery to a carrier (for transmission to the buyer) is treated as delivery to the buyer — unless the seller has reserved the right of disposal.
Section 20(1):
Risk generally passes with property (ownership) — meaning that once ownership passes to the buyer, the risk of loss or damage does too.
In practice:
If the goods are sent without special terms, risk usually passes to the buyer once the seller hands the goods to the carrier.
If the seller retains title (e.g. under a “retention of title” clause), the seller may still bear the risk until ownership transfers.
So, by default under UK law, the buyer bears the risk during transit once the goods are properly handed to the carrier — unless the contract says otherwise.
🌍 Under International Law
For international sales, the default responsibility for goods in transit is determined by the agreed Incoterm or, if none is specified, by general principles (often influenced by the CISG — UN Convention on Contracts for the International Sale of Goods).
Under the CISG (Article 67):
If the contract involves carriage of goods and the seller is not bound to deliver them at a particular place,
→ risk passes to the buyer when the goods are handed over to the first carrier for transmission.
If the seller must deliver to a specific place,
→ risk passes only when goods are delivered to that place.
Thus, under the CISG default rule, the buyer bears the risk in transit once the goods are with the first carrier — mirroring UK law.
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Of course - the contract will define the terms in detail
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