Statute · California Commercial Code

Cal. Com. Code § 2613 — Breach, Repudiation and Excuse

Cal. Com. Code § 2613

Type
Statute
Source
California Commercial Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

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 2324) then

Citator

Cal. Com. Code § 2613 — Breach, Repudiation and Excuse is in force in the current edition of the Code, and nothing recorded condemns it.

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 2324) 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.