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This entry was published on 2014-09-22
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SECTION 2-613
Casualty to Identified Goods
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 6
Section 2--613. Casualty to Identified Goods.

Where the contract requires for its performance goods identified when
the contract is made, and the goods suffer casualty without fault of
either party before the risk of loss passes to the buyer, or in a proper
case under a "no arrival, no sale" term (Section 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 the contract the buyer may nevertheless demand
inspection and at his option either treat the contract as avoided or
accept the goods with due allowance from the contract price for the
deterioration or the deficiency in quantity but without further right
against the seller.