§490:2-510 - Effect of breach on risk of loss.
§490:2-510 Effect of breach on risk of
loss. (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. [L 1965, c
208, §2-510; HRS §490:2-510]