70A-2-510 - Effect of breach on risk of loss.
70A-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 aright 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 deficiencyin his effective insurance coverage treat the risk of loss as having rested on the seller from thebeginning.
(3) Where the buyer as to conforming goods already identified to the contract for salerepudiates or is otherwise in breach before risk of their loss has passed to him, the seller may tothe extent of any deficiency in his effective insurance coverage treat the risk of loss as resting onthe buyer for a commercially reasonable time.
Enacted by Chapter 154, 1965 General Session