Sec. 42a-2-613. Casualty to identified goods.
Sec. 42a-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 as provided by section 42a-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.
(1959, P.A. 133, S. 2-613.)
Annotations to former statute (1958 Rev., S. 42-7):
Loss in case of destruction of goods by fire falls on one having title, even though he may not yet have the possession.
101 C. 577. When goods are sold on conditional sale, loss falls on buyer if he has use and dominion over them. Id.