Wisconsin Statutes & Annotations
Chapter 402 - Uniform commercial code — sales.
402.303 - Allocation or division of risks.

402.303 Allocation or division of risks. Where this chapter allocates a risk or a burden as between the parties “unless otherwise agreed", the agreement may not only shift the allocation but may also divide the risk or burden.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 402 - Uniform commercial code — sales.

402.101 - Short title.

402.102 - Scope; certain security and other transactions excluded from this chapter.

402.103 - Definitions and index of definitions.

402.104 - Definitions: “merchant"; “between merchants"; “financing agency".

402.105 - Definitions: transferability; “goods"; “future" goods; “lot"; “commercial unit".

402.106 - Definitions: “contract"; “agreement"; “contract for sale"; “sale"; “present sale"; “conforming" to contract; “termination"; “cancellation".

402.107 - Goods to be severed from realty: recording.

402.201 - Formal requirements; statute of frauds.

402.202 - Final written expression: parol or extrinsic evidence.

402.203 - Seals inoperative.

402.204 - Formation in general.

402.205 - Firm offers.

402.206 - Offer and acceptance in formation of contract.

402.207 - Additional terms in acceptance or confirmation.

402.208 - Course of performance or practical construction.

402.209 - Modification, rescission and waiver.

402.210 - Delegation of performance; assignment of rights.

402.301 - General obligations of parties.

402.302 - Unconscionable contract or clause.

402.303 - Allocation or division of risks.

402.304 - Price payable in money, goods, realty, or otherwise.

402.305 - Open price term.

402.306 - Output, requirements and exclusive dealings.

402.307 - Delivery in single lot or several lots.

402.308 - Absence of specified place for delivery.

402.309 - Absence of specific time provisions; notice of termination.

402.310 - Open time for payment or running of credit; authority to ship under reservation.

402.311 - Options and cooperation respecting performance.

402.312 - Warranty of title and against infringements; buyer's obligation against infringement.

402.313 - Express warranties by affirmation, promise, description, sample.

402.314 - Implied warranty: merchantability; usage of trade.

402.315 - Implied warranty: fitness for particular purpose.

402.316 - Exclusion or modification of warranties.

402.317 - Cumulation and conflict of warranties express or implied.

402.318 - Third-party beneficiaries of warranties, express or implied.

402.319 - F.O.B. and F.A.S. terms.

402.320 - C.I.F. and C.& F. terms.

402.321 - C.I.F. or C.& F.: “net landed weights"; “payment on arrival"; warranty of condition on arrival.

402.322 - Delivery “ex-ship".

402.323 - Form of bill of lading required in overseas shipment; “overseas".

402.324 - “ No arrival, no sale" term.

402.325 - “ Letter of credit" term; “confirmed credit".

402.326 - Sale on approval and sale or return; rights of creditors.

402.327 - Special incidents of sale on approval and sale or return.

402.328 - Sale by auction.

402.401 - Passing of title; reservation for security; limited application of this section.

402.402 - Rights of seller's creditors against sold goods.

402.403 - Power to transfer; good faith purchase of goods; “entrusting".

402.501 - Insurable interest in goods; manner of identification of goods.

402.502 - Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.

402.503 - Manner of seller's tender of delivery.

402.504 - Shipment by seller.

402.505 - Seller's shipment under reservation.

402.506 - Rights of financing agency.

402.507 - Effect of seller's tender; delivery on condition.

402.508 - Cure by seller of improper tender or delivery; replacement.

402.509 - Risk of loss in the absence of breach.

402.510 - Effect of breach on risk of loss.

402.511 - Tender of payment by buyer; payment by check.

402.512 - Payment by buyer before inspection.

402.513 - Buyer's right to inspection of goods.

402.514 - When documents deliverable on acceptance; when on payment.

402.515 - Preserving evidence of goods in dispute.

402.601 - Buyer's rights on improper delivery.

402.602 - Manner and effect of rightful rejection.

402.603 - Merchant buyer's duties as to rightfully rejected goods.

402.604 - Buyer's options as to salvage of rightfully rejected goods.

402.605 - Waiver of buyer's objections by failure to particularize.

402.606 - What constitutes acceptance of goods.

402.607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

402.608 - Revocation of acceptance in whole or in part.

402.609 - Right to adequate assurance of performance.

402.610 - Anticipatory repudiation.

402.611 - Retraction of anticipatory repudiation.

402.612 - “ Installment contract"; breach.

402.613 - Casualty to identified goods.

402.614 - Substituted performance.

402.615 - Excuse by failure of presupposed conditions.

402.616 - Procedure on notice claiming excuse.

402.701 - Remedies for breach of collateral contracts not impaired.

402.702 - Seller's remedies on discovery of buyer's insolvency.

402.703 - Seller's remedies in general.

402.704 - Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

402.705 - Seller's stoppage of delivery in transit or otherwise.

402.706 - Seller's resale including contract for resale.

402.707 - “ Person in the position of a seller".

402.708 - Seller's damages for nonacceptance or repudiation.

402.709 - Action for the price.

402.710 - Seller's incidental damages.

402.711 - Buyer's remedies in general; buyer's security interest in rejected goods.

402.712 - “ Cover"; buyer's procurement of substitute goods.

402.713 - Buyer's damages for nondelivery or repudiation.

402.714 - Buyer's damages for breach in regard to accepted goods.

402.715 - Buyer's incidental and consequential damages.

402.716 - Buyer's right to specific performance or replevin.

402.717 - Deduction of damages from the price.

402.718 - Liquidation or limitation of damages; deposits.

402.719 - Contractual modification or limitation of remedy.

402.720 - Effect of “cancellation" or “rescission" on claims for antecedent breach.

402.721 - Remedies for fraud.

402.722 - Who can sue 3rd parties for injury to goods.

402.723 - Proof of market price: time and place.

402.724 - Admissibility of market quotations.

402.725 - Statute of limitations in contracts for sale.