goods, theft, conﬁscation or emergency discharge of the goods, and similar casualties. As to the interpretation of the term ‘risk’, typically used insurance clauses (for example Institute Cargo Clauses, Institute War Clauses, Institute Strike Clauses, and Institute Air Cargo Clauses) may be of importance when determining whether a particular situation constitutes a ‘casualty’. Parties’ agreement on passing of risk : The CISG’s set of rules on the passing of risk is a supplementary, gap-ﬁlling concept that applies where the contract itself does not provide otherwise. The parties are free to make a contractual stipulation as to when the risk of loss of or damage to the goods passes from the seller to the buyer. They can make individual agreements, or they may include trade terms

doi:10.4324/9780203945445-171

Chapter

goods, theft, conﬁscation or emergency discharge of the goods, and similar casualties. As to the interpretation of the term ‘risk’, typically used insurance clauses (for example Institute Cargo Clauses, Institute War Clauses, Institute Strike Clauses, and Institute Air Cargo Clauses) may be of importance when determining whether a particular situation constitutes a ‘casualty’. Parties’ agreement on passing of risk

Chapter

ABSTRACT

The seller must, subject to the provisions of B5, bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A4.

B5 Transfer of risks

The buyer must bear all risks of loss of or damage to the goods

• from the time they have been delivered in accordance with A4; and • from the agreed date or the expiry date of any agreed period for delivery

which arise either because he fails to nominate the carrier or another person in accordance with A4, or because the carrier or the party nominated by the buyer fails to take the goods into his charge at the agreed time, or because the buyer fails to give appropriate notice in accordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identiﬁed as the contract goods.