| 词汇 | Risk, Risk Of Loss2 |
| 释义 | `1`Risk, Risk Of Loss2 `2` "Legal Lexicon": In sales, the risks to which property is exposed and the loss which may occur, before the contract is fully complete, must be borne by him in whom the title resides: when the bargain, therefore, is made and rendered binding by giving earnest, or by part payment, or part delivery, or by a compliance with the requisitions of the statute of frauds, the property, and with it the risk, attaches to the purchaser. In Louisiana, as soon as the contract of sale is completed, the thing sold is at the risk of the buyer, but with the following modifications: Until the thing sold is delivered to the buyer, the seller is obliged to guard it as a faithful administrator, and if through his want of care, the thing is de-stroyed, or its value diminished, the seller is responsible for the loss. He is released from this degree of care, when the buyer delays obtaining the possession: but he is still liable for any injury which the thing sold may sus-tain through gross neglect on his part. If it is the seller who delays to de-liver the thing, and it be destroyed, even by a fortuitous event, it is be who sustains the loss, unless it appears that the fortuitous event would equally have occasioned the destruction of the thing in the buyer's possession, after delivery. RISK OF LOSS - In a sales transaction (esp. real estate) many states consider the buyer to be the owner of the land once the sales contract is signed, and the "owner" just to be "babysitting". Therefore, in some states, the "risk of loss" in case of destruction of the property is passed to the buyer, even though they have not paid for the property. --b-- |
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