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New Jersey Statutes, Title: 12A, COMMERCIAL TRANSACTIONS

    Chapter 2:

      Section: 12A:2-613: Casualty to identified goods

           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 (12A: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.

L.1961, c. 120, s. 2-613.



This section added to the Rutgers Database: 2013-06-10 16:36:30.






Older versions of 12a:2-613 (if available):



Court decisions that cite this statute: CLICK HERE.