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Catch-all provision—passing of risk in other cases

Article 69(1) enacts the primary rule: the risk in these residual cases passes to the buyer when he takes over the goods, or, if he does not do so in due time, from the time when the goods are placed at his disposal and he commits a breach of contract by failing to take delivery. The risk in this residual class of cases, logically, is put on the party who has possession or control of the goods.