Me. Rev. Stat. » Title 11
Maine Revised Statutes

Me. Rev. Stat. tit. 11, § 2-509 (2026)

Risk of loss in the absence of breach

✓ current as of May 2026
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(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 (section 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 the buyer's receipt of possession or control of a negotiable document of title covering the goods; or   [PL 2009, c. 324, Pt. B, §15 (AMD); PL 2009, c. 324, Pt. B, §48 (AFF).]
(b). On acknowledgment by the bailee of the buyer's right to possession of the goods; or  
(c). After the buyer's receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in section 2‑503, subsection (4), paragraph (b).   [PL 2009, c. 324, Pt. B, §16 (AMD); PL 2009, c. 324, Pt. B, §48 (AFF).]
[PL 2009, c. 324, Pt. B, §§15, 16 (AMD); PL 2009, c. 324, Pt. B, §48 (AFF).]
(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 this Article on sale on approval (section 2‑327) and on effect of breach on risk of loss (section 2‑510).  
SECTION HISTORY
PL 2009, c. 324, Pt. B, §§ 15, 16 (AMD). PL 2009, c. 324, Pt. B, §48 (AFF).
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Notes of Decisions
Cited in 3 cases, 1974–2002 · leading case: Lucerne Farms v. Baling Tech., Inc., 226 F. Supp. 2d 255 (D. Me. 2002).
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Lucerne Farms v. Baling Tech., Inc., 226 F. Supp. 2d 255 (D. Me. 2002). “Ho-neoye, New York” to indicate that title passed to Plaintiff in New York and that Plaintiff bore the risk of loss while the baler was shipped from New York to Maine.”
Georgia-Pac. Corp. v. WHDH Corp., 374 F. Supp. 1076 (D. Me. 1974). “Woodland, with title passing to WHDH at that point, the risk of loss was on WHDH while the shipments were passing through Maine en route to Boston, and, since the returnable cores were shipped from Boston, freight prepaid by WHDH, the risk of loss was also on WHDH while the…”
Af Briggs Co. v. Starrett Corp., 329 A.2d 177 (Me. 1974). “terms from the conditions of carriage imposed by defendant would indicate that while the block ice maker was travelling in Maine the risk of its loss was on the defendant-seller, according to the Maine law, 11 M.R.S.A. § 2-509(1) (b) ; thus, the benefits and protections of Maine…”
— Me. Rev. Stat. tit. 11, § 2-509(1) — 2 cases
Lucerne Farms v. Baling Tech., Inc., 226 F. Supp. 2d 255 (D. Me. 2002). “Ho-neoye, New York” to indicate that title passed to Plaintiff in New York and that Plaintiff bore the risk of loss while the baler was shipped from New York to Maine.”
Af Briggs Co. v. Starrett Corp., 329 A.2d 177 (Me. 1974). “terms from the conditions of carriage imposed by defendant would indicate that while the block ice maker was travelling in Maine the risk of its loss was on the defendant-seller, according to the Maine law, 11 M.R.S.A. § 2-509(1) (b) ; thus, the benefits and protections of Maine…”
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