Sec. 42a-2-510. Effect of breach on risk of loss.
Sec. 42a-2-510. Effect of breach on risk of loss. (1) Where a tender or delivery
of goods so fails to conform to the contract as to give a right of rejection the risk of their
loss remains on the seller until cure or acceptance.
(2) Where the buyer rightfully revokes acceptance he may to the extent of any
deficiency in his effective insurance coverage treat the risk of loss as having rested on
the seller from the beginning.
(3) Where the buyer as to conforming goods already identified to the contract for
sale repudiates or is otherwise in breach before risk of their loss has passed to him, the
seller may to the extent of any deficiency in his effective insurance coverage treat the
risk of loss as resting on the buyer for a commercially reasonable time.
(1959, P.A. 133, S. 2-510.)
Subsec. (1):
Delay in delivering hardware necessary to complete work, when no date for delivery specified, does not constitute
breach. 160 C. 468.
Subsec. (2):
Cited. 199 C. 245.
Subsec. (3):
Period from August 20 to September 22 was a commercially reasonable period within which to place the risk of loss
on the defendant. 166 C. 280. Time limit imposed by this section is designed to enable the seller to obtain the additional
requisite insurance coverage. Id. Cited. 199 C. 245.