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 (Code Section 11-2-324) 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.
Section: Previous 11-2-603 11-2-604 11-2-605 11-2-606 11-2-607 11-2-608 11-2-609 11-2-610 11-2-611 11-2-612 11-2-613 11-2-614 11-2-615 11-2-616 NextLast modified: October 14, 2016