Sandra, a businesswoman who runs a mobile phone store in Limuru town, sources her products from Redhill Computer and Electronics Ltd. In the usual course of business, Sandra sends her truck to collect the goods she has ordered, pursuant to which she pays against the invoice. One of the standard terms on the back of the invoice is that:

'Goods remain the seller's property until payment in full.'

One day, as the truck was on its way to Limuru, a man suddenly jumped onto the road forcing Sandra's driver, avoiding an accident, to swerve rather violently. Unfortunately, the mobile phones Sandra had ordered were smashed. She has refused to pay for the goods, and Redhill Ltd's directors are considering taking legal action.

With reference to the legal rules governing the passing of risk and property in sale of goods, discuss the parties' legal positions.

How would your answer differ if the invoice did not contain the above statement, 'Goods remain the seller's property until payment in full'?