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Tex. Bus. & Com. Code § 2.613

CASUALTY TO IDENTIFIED GOODS

Known as the Uniform Commercial Code

The act spans §§ 1–12 (616 sections).

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff

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 2.324) then

(1) if the loss is total the contract is avoided; and

(2) 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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.