Indiana § 26-1-2-613 Casualty to identified goods

Indiana Statutes

§ 26-1-2-613 — Casualty to identified goods

Indiana § 26-1-2-613

Title 26COMMERCIAL LAW

Art. 1UNIFORM COMMERCIAL CODE

Ch. 2Sales

This text of Indiana § 26-1-2-613 (Casualty to identified goods) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 26-1-2-613 (2026).

Text

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 (IC 26-1-2-324), 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 deficiency in quantity but without further right against the seller. Formerly: Acts 1963, c.317, s.2-613. As amended by P.L.152-1986, SEC.159.

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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 (IC 26-1-2-324), 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 deficiency in quantity but without
further right against the seller.
Formerly: Acts 1963, c.317, s.2-613. As amended by
P.L.152-1986, SEC.159.