70A-2-613 - Casualty to identified goods.
70A-2-613. Casualty to identified goods.
Where the contract requires for its performance goods identified when the contract ismade, and the goods suffer casualty without fault of either party before the risk of loss passes tothe buyer, or in a proper case under a "no arrival, no sale" term (Section 70A-2-324) then
(a) if the loss is total the contract is avoided; and
(b) if the loss is partial or the goods have so deteriorated as no longer to conform to thecontract the buyer may nevertheless demand inspection and at his option either treat the contractas avoided or accept the goods with due allowance from the contract price for the deterioration orthe deficiency in quantity but without further right against the seller.
Enacted by Chapter 154, 1965 General Session