28-2-510. 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:
[28-2-510, added 1967, ch. 161, sec. 2-510, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Section 28-2-501 - INSURABLE INTEREST IN GOODS — MANNER OF IDENTIFICATION OF GOODS.
Section 28-2-503 - MANNER OF SELLER’S TENDER OF DELIVERY.
Section 28-2-504 - SHIPMENT BY SELLER.
Section 28-2-505 - SELLER’S SHIPMENT UNDER RESERVATION.
Section 28-2-506 - RIGHTS OF FINANCING AGENCY.
Section 28-2-507 - EFFECT OF SELLER’S TENDER — DELIVERY ON CONDITION.
Section 28-2-508 - CURE BY SELLER OF IMPROPER TENDER OR DELIVERY — REPLACEMENT.
Section 28-2-509 - RISK OF LOSS IN THE ABSENCE OF BREACH.
Section 28-2-510 - EFFECT OF BREACH ON RISK OF LOSS.
Section 28-2-511 - TENDER OF PAYMENT BY BUYER — PAYMENT BY CHECK.
Section 28-2-512 - PAYMENT BY BUYER BEFORE INSPECTION.
Section 28-2-513 - BUYER’S RIGHT TO INSPECTION OF GOODS.
Section 28-2-514 - WHEN DOCUMENTS DELIVERABLE ON ACCEPTANCE — WHEN ON PAYMENT.