There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 26 - Breach, Repudiation and Excuse
Section 2613 - Casualty to identified goods
§ 2613. 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 2324) 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 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.
Cross References. Section 2613 is referred to in section
2324 of this title.
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