Sec. 42a-2-509. Risk of loss in the absence of breach. - Connecticut Statutes

      Sec. 42a-2-509. Risk of loss in the absence of breach. (1) Where the contract requires or authorizes the seller to ship the goods by carrier (a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation, as provided in section 42a-2-505; but (b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.

      (2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer (a) on his receipt of possession or control of a negotiable document of title covering the goods; or (b) on acknowledgment by the bailee of the buyer's right to possession of the goods; or (c) after his receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in subsection (4)(b) of section 42a-2-503.

      (3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.

      (4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of section 42a-2-327 on sale on approval and section 42a-2-510 on effect of breach on risk of loss.

      (1959, P.A. 133, S. 2-509; P.A. 04-64, S. 52.)

      History: P.A. 04-64 amended Subsec. (2) by adding references to "possession or control of" document of title and replacing "written direction to deliver" with "direction to deliver in a record" to conform to revisions made to article 7 by the same act.

      Statute does not preclude application of doctrine of equitable estoppel. 160 C. 468. Cited. 207 C. 599.

      Cited. 23 CA 137.

      Seller could, after seeking buyer's cooperation without success, press claim for loss of goods without losing its right to sue buyer for agreed price. 5 Conn. Cir. Ct. 597.

      Subsec. (1):

      Applies only if shipped by carrier. 160 C. 468.

      Subsec. (2):

      Applies only if there is a bailment. 160 C. 468.

      Subsec. (3):

      If seller is merchant, then risk of loss passes on delivery. 160 C. 468.

      Subsec. (4):

      Casual conversations are not specific enough in nature to constitute contrary agreements. 160 C. 468.