The issue in this case is whether the risk of destruction and deterioration passed to Bagio, the buyer, or remained with ProformAgric, the seller. Generally, risk and benefit pass to the buyer upon transfer of possession and title (assuming these occur simultaneously). The general rule is that the risk and profit pass to the buyer as soon as the sale is "perfecta", i.e. the agreement is unconditional and the identity, quality, quantity and price of the thing sold are certain and easily ascertainable . Because contracts vary, the parties may expressly agree that risk and benefit will pass before or after delivery. Nugent AJA in Islando Foods v Fedgen Insurance held that the general position of the law was that risk passed to the buyer once the contract had been "perfected", even when delivery had not yet taken place. However, the intended risk was the risk of damage not attributable to the seller, i.e. the risk of damage by vis major, casus fortuitus or damage to third parties, not the risk of damage caused by a negligent seller. In the scenario involving Bagio, the sale...