Sale of Goods: Transfer of Risk of Loss Upon Consent

A seller transferred ownership of a vehicle to a buyer under a contract of sale, but the vehicle was subsequently damaged in an accident before the transfer of possession, leading to a dispute over whether the risk of loss had passed to the buyer upon the exchange of consent. The court affirmed that in the context of a contract for the sale of a specific item, the transfer of risk of loss occurs simultaneously with the transfer of ownership, which, under the relevant civil code provisions, is established by the exchange of consent between the parties, regardless of the actual delivery of the thing.