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This entry was published on 2014-12-26
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SECTION 2-509
Risk of Loss in the Absence of Breach
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 5
Section 2--509. Risk of Loss in the Absence of Breach.

(1) Where the contract requires or authorizes the seller to ship the
goods by carrier

(a) if it does not require him to deliver them at a particular

destination, the risk of loss passes to the buyer when the

goods are duly delivered to the carrier even though the

shipment is under reservation (Section 2--505); but

(b) if it does require him to deliver them at a particular

destination and the goods are there duly tendered while in

the possession of the carrier, the risk of loss passes to the

buyer when the goods are there duly so tendered as to enable

the buyer to take delivery.

(2) Where the goods are held by a bailee to be delivered without being
moved, the risk of loss passes to the buyer

(a) on his receipt of possession or control of a negotiable

document of title covering the goods; or

(b) on acknowledgment by the bailee of the buyer's right to

possession of the goods; or

(c) after his receipt of possession or control of a

non-negotiable document of title or other direction to

deliver in a record, as provided in subsection (4) (b) of

Section 2--503.

(3) In any case not within subsection (1) or (2), the risk of loss
passes to the buyer on his receipt of the goods if the seller is a
merchant; otherwise the risk passes to the buyer on tender of delivery.

(4) The provisions of this section are subject to contrary agreement
of the parties and to the provisions of this Article on sale on approval
(Section 2--327) and on effect of breach on risk of loss (Section
2--510).