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The first sentence of this article, unlike the common law, contemplates the passage of risk at a time when the goods are at sea despite the difficulty of ascertaining the precise moment at which goods were damaged in the course of a long sea voyage. The second sentence contemplates circumstances in which the risk in respect of goods sold in transit may pass retrospectively as from the time the goods were handed over to a carrier. Presumably in such a case there is no requirement of prior identification of the goods to the contract. It may be that the seller is required to cover the goods by transit insurance is a circumstance sufficient to bring a case within the second sentence. In any event the operation of the second sentence is qualified in a case where, at the time of the conclusion of the contract of sale, the seller knew or ought to have known that the goods had been lost or damaged and did not disclose this to the buyer .