30-2-510. 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 the buyer may to the extent of any deficiency in the buyer's 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 the buyer, the seller may to the extent of any deficiency in the seller's effective insurance coverage treat the risk of loss as resting on the buyer for a commercially reasonable time.
History: En. Sec. 2-510, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-510; amd. Sec. 860, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 2. Uniform Commercial Code Sales
30-2-501. Insurable interest in goods -- manner of identification of goods
30-2-502. Buyer's right to goods on seller's insolvency
30-2-503. Manner of seller's tender of delivery
30-2-505. Seller's shipment under reservation
30-2-506. Rights of financing agency
30-2-507. Effect of seller's tender -- delivery on condition
30-2-508. Cure by seller of improper tender or delivery -- replacement
30-2-509. Risk of loss in the absence of breach
30-2-510. Effect of breach on risk of loss
30-2-511. Tender of payment by buyer -- payment by check
30-2-512. Payment by buyer before inspection
30-2-513. Buyer's right to inspection of goods
30-2-514. When documents deliverable on acceptance -- when on payment