Okla. Stat. tit. 12A, § 12A-2-509
This is the official text of Okla. Stat. tit. 12A, § 12A-2-509, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Risk of loss in the absence of breach
Official statutory text
Risk of Loss in the Absence of Breach.
(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 his receipt 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 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 this article on
sale on approval (Section 2-327) and on effect of breach on risk of
loss (Section 2-510).
(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 his receipt 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 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 this article on
sale on approval (Section 2-327) and on effect of breach on risk of
loss (Section 2-510).
Status: in_force · Read it on the official government site
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