Title 11, Chapter 2, Section 613
( 11-2-613)
Casualty to identified goods. 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 (Code Section 11-2-324) 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. |