28-2-613. 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 28-2-324) 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:
[28-2-613, added 1967, ch. 161, sec. 2-613, p. 351.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 2 - UNIFORM COMMERCIAL CODE — SALES
Part 6 - BREACH, REPUDIATION AND EXCUSE
Section 28-2-601 - BUYER’S RIGHTS ON IMPROPER DELIVERY.
Section 28-2-602 - MANNER AND EFFECT OF RIGHTFUL REJECTION.
Section 28-2-603 - MERCHANT BUYER’S DUTIES AS TO RIGHTFULLY REJECTED GOODS.
Section 28-2-604 - BUYER’S OPTIONS AS TO SALVAGE OF RIGHTFULLY REJECTED GOODS.
Section 28-2-605 - WAIVER OF BUYER’S OBJECTIONS BY FAILURE TO PARTICULARIZE.
Section 28-2-606 - WHAT CONSTITUTES ACCEPTANCE OF GOODS.
Section 28-2-608 - REVOCATION OF ACCEPTANCE IN WHOLE OR IN PART.
Section 28-2-609 - RIGHT TO ADEQUATE ASSURANCE OF PERFORMANCE.
Section 28-2-610 - ANTICIPATORY REPUDIATION.
Section 28-2-611 - RETRACTION OF ANTICIPATORY REPUDIATION.
Section 28-2-612 - “INSTALLMENT CONTRACT” — BREACH.
Section 28-2-613 - CASUALTY TO IDENTIFIED GOODS.
Section 28-2-614 - SUBSTITUTED PERFORMANCE.
Section 28-2-615 - EXCUSE BY FAILURE OF PRESUPPOSED CONDITIONS.