8.2-613 - Casualty to identified goods. - Virginia Statutes

§ 8.2-613. Casualty to identified goods.

Where the contract requires for its performance goods identified when thecontract is made, and the goods suffer casualty without fault of either partybefore the risk of loss passes to the buyer, or in a proper case under a "noarrival, no sale" term (§ 8.2-324) 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 toconform to the contract the buyer may nevertheless demand inspection and athis option either treat the contract as avoided or accept the goods with dueallowance from the contract price for the deterioration or the deficiency inquantity but without further right against the seller.

(1964, c. 219.)