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 4-2-324), then:
Source: L. 65: p. 1332, § 1. C.R.S. 1963: § 155-2-613.
Prior Uniform Statutory Provision: Sections 7 and 8, Uniform Sales Act.
Changes: Rewritten, the basic policy being continued but the test of a "divisible" or "indivisible" sale or contract being abandoned in favor of adjustment in business terms.
Purposes of Changes:
Cross Reference:
Point 3: Section 4-2-324.
Definitional Cross References:
"Buyer". Section 4-2-103.
"Conform". Section 4-2-106.
"Contract". Section 4-1-201.
"Fault". Section 4-1-201.
"Goods". Section 4-2-105.
"Party". Section 4-1-201.
"Rights". Section 4-1-201.
"Seller". Section 4-2-103.
Structure Colorado Code
Title 4 - 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