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This entry was published on 2014-09-22
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SECTION 2-510
Effect of Breach on Risk of Loss
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 5
Section 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.