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 (§ 4-2-324) 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.
History. Acts 1961, No. 185, § 2-613; A.S.A. 1947, § 85-2-613.
Structure Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 1 - Uniform Commercial Code
Part 6 - Breach, Repudiation, and Excuse
§ 4-2-601. Buyer's rights on improper delivery
§ 4-2-602. Manner and effect of rightful rejection
§ 4-2-603. Merchant buyer's duties as to rightfully rejected goods
§ 4-2-604. Buyer's options as to salvage of rightfully rejected goods
§ 4-2-605. Waiver of buyer's objections by failure to particularize
§ 4-2-606. What constitutes acceptance of goods
§ 4-2-608. Revocation of acceptance in whole or in part
§ 4-2-609. Right to adequate assurance of performance
§ 4-2-610. Anticipatory repudiation
§ 4-2-611. Retraction of anticipatory repudiation
§ 4-2-612. “Installment contract” — Breach
§ 4-2-613. Casualty to identified goods
§ 4-2-614. Substituted performance