Kansas Statutes 84-2-613. Casualty to identified goods
Current as of: 2023 | Check for updates
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Terms Used In Kansas Statutes 84-2-613
- Buyer: means a person who buys or contracts to buy goods. See Kansas Statutes 84-2-103
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See Kansas Statutes 84-2-103
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 84-2-324) 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.