Section 400.2-613

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963   

  400.2-613.  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 400.2-324) 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.

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(L. 1963 p. 503 § 2-613)

(1975) Failure of soybean crop where there was no specific acreage or location on which the beans were to be produced cannot be used to avoid contract under this section. Bunge Corp. v. Recker (C.A. Mo.), 519 F.2d 449.