Colorado Code
Part 5 - Performance
§ 4-2-509. Risk of Loss in the Absence of Breach










Source: L. 65: p. 1325, § 1. C.R.S. 1963: § 155-2-509. L. 2006: (2)(a) and (2)(c) amended, p. 492, § 13, effective September 1.





The underlying theory of this rule is that a merchant who is to make physical delivery at his own place continues meanwhile to control the goods and can be expected to insure his interest in them. The buyer, on the other hand, has no control of the goods and it is extremely unlikely that he will carry insurance on goods not yet in his possession.
Cross References:
Point 1: Section 4-2-510(1).
Point 2: Sections 4-2-503 and 4-2-504.
Point 3: Sections 4-2-104, 4-2-503 and 4-2-510.
Point 4: Section 4-2-503(4).
Point 5: Section 4-1-201.
Definitional Cross References:
"Agreement". Section 4-1-201.
"Buyer". Section 4-2-103.
"Contract". Section 4-1-201.
"Delivery". Section 4-1-201.
"Document of title". Section 4-1-201.
"Goods". Section 4-2-105.
"Merchant". Section 4-2-104.
"Party". Section 4-1-201.
"Receipt" of goods. Section 4-2-103.
"Sale on approval". Section 4-2-326.
"Seller". Section 4-2-103.