Casualty to Identified Goods

  1. Law
  2. Georgia Code
  3. Commercial Code
  4. Sales
  5. Breach, Repudiation, and Excuse
  6. Casualty to Identified Goods

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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 (Code Section 11-2-324) then:

  1. If the loss is total the contract is avoided; and
  2. 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.

(Code 1933, § 109A-2 - 613, enacted by Ga. L. 1962, p. 156, § 1.)

Law reviews.

- For article, "Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods," see 22 Ga. L. Rev. 503 (1988).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the provisions, decisions under former Code 1933, § 96-108 are included under the annotations for this section.

Stipulation regarding delays or damages beyond vendor's control.

- Contract stipulation that "vendor shall not be held liable for any loss or damage arising from delays or damages caused by fire or strikes, delays in transportation, or other causes beyond vendor's control," is not such an agreement as would come within the proviso "unless it is otherwise agreed in the contract" of former Code 1933, § 96-108. Wood v. Phoenix Ins. Co., 199 Ga. 461, 34 S.E.2d 688 (1945)(decided under former Code 1933, § 96-108).

RESEARCH REFERENCES

Am. Jur. 2d.

- 67 Am. Jur. 2d, Sales, §§ 585-587.

6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:612.

C.J.S.

- 77A C.J.S., Sales, §§ 121 et seq., 214.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 2-613.

ALR.

- Construction and effect of UCC § 2-613 governing casualty to goods identified to a contract, without fault of buyer or seller, 51 A.L.R.4th 537.


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