2017 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 2 - Sales
Part 5 - PERFORMANCE
Section 55-2-510 - Effect of breach on risk of loss.

Universal Citation: NM Stat § 55-2-510 (2017)

55-2-510. Effect of breach on risk of loss.

(1) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection, the risk of their loss remains on the seller until cure or acceptance.

(2) Where the buyer rightfully revokes acceptance, he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning.

(3) Where the buyer as to conforming goods already identified to the contract for sale repudiates or is otherwise in breach before risk of their loss has passed to him, the seller may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.

History: 1953 Comp., 50A-2-510, enacted by Laws 1961, ch. 96, 2-510.

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