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The 189th General Court of the Commonwealth of Massachusetts

Section 2-510: Effect of Breach on Risk of Loss

Section 2-510. (1) Where a tender or delivery so fails to conform to the contract as to give a right of rejection the risk of 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.