Illinois Compiled Statutes
810 ILCS 5/2-510 (2026)
Effect of breach on risk of loss
✓ current as of May 2026
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(810 ILCS 5/2-510)
(from Ch. 26, par. 2-510)
Sec. 2-510.
Effect of breach on risk of loss.
(1) Where a tender or delivery of goods so fails to conform to the
contract as to give a right of rejection the risk of their loss remains on
the seller until cure or acceptance.
(2) Where the buyer rightfully revokes acceptance he may to the extent
of any deficiency in his effective insurance coverage treat the risk of
loss as having rested on the seller from the beginning.
(3) Where the buyer as to conforming goods already identified to the
contract for sale repudiates or is otherwise in breach before risk of their
loss has passed to him, the seller may to the extent of any deficiency in
his effective insurance coverage treat the risk of loss as resting on the
buyer for a commercially reasonable time.
(Source: Laws 1961, p. 2101.)
Notes of Decisions
Cited in 1
case, 2002–2002 · leading case: Spirit of Excellence, LTD. v. Intercargo Ins. Co. (Ill. App. Ct. 2002).
Spirit of Excellence, LTD. v. Intercargo Ins. Co. (Ill. App. Ct. 2002). “Section 2-606 (810 ILCS 5/2-606 (West 2000)) sets forth the criteria for determining when a buyer has accepted goods as follows: "(1) Acceptance of goods occurs when the buyer (a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are…”
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