Conn. Gen. Stat. § 42a-2-509
This is the official text of Conn. Gen. Stat. § 42a-2-509, part of Connecticut’s Gen. Stat — part of the compiled statutory law of Connecticut, published by the state as "Gen. Stat." Browse the sections below, each linked to its official government source.
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Sec. 42a-2-509. Risk of loss in the absence of breach.
Official statutory text
(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 his receipt of possession or control of a negotiable document of title covering the goods; or (b) on acknowledgment by the bailee of the buyer's right to possession of the goods; or (c) after his receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in subsection (4)(b) of section 42a-2-503 .
(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 section 42a-2-327 on sale on approval and section 42a-2-510 on effect of breach on risk of loss.
Statute does not preclude application of doctrine of equitable estoppel; Subsec. (1) applies only if shipped by carrier; Subsec. (2) applies only if there is a bailment; if seller is merchant, then risk of loss passes on delivery under Subsec. (3); casual conversations are not specific enough in nature to constitute contrary agreements under Subsec. (4). 160 C. 468. Cited. 207 C. 599.
Cited. 23 CA 137.
Seller could, after seeking buyer's cooperation without success, press claim for loss of goods without losing its right to sue buyer for agreed price. 5 Conn. Cir. Ct. 597.
(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 section 42a-2-327 on sale on approval and section 42a-2-510 on effect of breach on risk of loss.
Statute does not preclude application of doctrine of equitable estoppel; Subsec. (1) applies only if shipped by carrier; Subsec. (2) applies only if there is a bailment; if seller is merchant, then risk of loss passes on delivery under Subsec. (3); casual conversations are not specific enough in nature to constitute contrary agreements under Subsec. (4). 160 C. 468. Cited. 207 C. 599.
Cited. 23 CA 137.
Seller could, after seeking buyer's cooperation without success, press claim for loss of goods without losing its right to sue buyer for agreed price. 5 Conn. Cir. Ct. 597.
Status: in_force · Read it on the official government site
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