Nebraska Uniform Commercial Code 2-613

UCC 2-613

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 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.

Source

  • Laws 1963, c. 544, Art. II, § 2-613, p. 1752.

Annotations

  • The impact of the provisions of this section that the casualty must occur without fault of either buyer or seller is that if the buyer is at fault, he will remain obligated to purchase, but if seller is at fault, he will remain obligated to deliver and be liable for appropriate damages if he does not. Carlson v. Nelson, 204 Neb. 765, 285 N.W.2d 505 (1979).