UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.2510 Risk of loss; effect of breach.
Sec. 2510.
(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.
History: 1962, Act 174, Eff. Jan. 1, 1964
Notes of Decisions
Colonial Dodge, Inc. v. Miller, 328 N.W.2d 678 (Mich. Ct. App. 1982).
· cites it 4× “MCL 440.2510; MSA 19.2510. The party who breaches the contract bears the risk of loss.”
Sedger v. Kinnco, Inc, 441 N.W.2d 5 (Mich. Ct. App. 1988).
· cites it 3× “The trial court’s risk-of-loss analysis is incorrect in that it interpreted MCL 440.2510(3); MSA 19.2510(3) to shift the risk of loss permanently to Katana.”
— Mich. Comp. Laws § 440.2510(2) — 1 case
Colonial Dodge, Inc. v. Miller, 328 N.W.2d 678 (Mich. Ct. App. 1982).
“MCL 440.2510; MSA 19.2510. The party who breaches the contract bears the risk of loss.”
— Mich. Comp. Laws § 440.2510(3) — 1 case
Sedger v. Kinnco, Inc, 441 N.W.2d 5 (Mich. Ct. App. 1988).
“The trial court’s risk-of-loss analysis is incorrect in that it interpreted MCL 440.2510(3); MSA 19.2510(3) to shift the risk of loss permanently to Katana.”
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