1. discuss the res perit domino rule in a contract of sale.

2. distinquish between a voetstoot clause and a dictum et promissum.

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1. Res perit domino means the owner bears the risk of loss. In a contract of sale, the vendor binds himself to deliver a thing sold to the vendee for a price or consideration in money or its equivalent. In a contract of sale, ownership over the thing sold is transferred by delivery, not when payment is made. Hence, until there is delivery, title over the goods is retained by the vendor and in case of loss, the vendor suffers alone. If payment has been made, the vendor must return it under the principle of solutio indebiti. But if there is delivery then title over the goods has been transferred and the vendee as the owner will suffer in case of loss.
The general principle of commercial transaction is that “Res perit dominó”, critically evaluate this ascertion with judicial authorities
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