128Contract void if goods perish before sale but after agreement to sell

1. This section applies if there is an agreement to sell specific goods and, subsequently, the goods, without any fault on the part of the seller or the buyer, perish before the risk passes to the buyer.

2. The agreement becomes void when the goods perish.

3. See section 69 (which provides that subpart 4 of Part 2 (frustrated contracts) does not apply to a contract to which subsection (1) applies).

Compare

• s 9
• s 4(5)(c)