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 in ORS 72.3240 then:
(1) If the loss is total the contract is avoided; and
(2) 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 the option of the buyer 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. [1961 c.726 §72.6130]
Section: Previous 72.6060 72.6070 72.6080 72.6090 72.6100 72.6110 72.6120 72.6130 72.6140 72.6150 72.6160 72.7010 72.7020 72.7030 72.7040 NextLast modified: August 7, 2008