Home >> Statutes >> Back

Click to open printable format in new window.Printable Format
 | Next

84-2-613. 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 (section 84-2-324) 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.

History: L. 1965, ch. 564, § 93; January 1, 1966.


This section excuses performance by the seller when goods whose continued existence is presupposed by the parties are destroyed. For the section to apply, the following requirements must be met: (1) the goods must be identified when the contract is made, not at some later time (see 84-2-501) —i.e, the contract must be for the purchase of specific, particular goods; (2) the goods must be damaged or destroyed without fault of either party; and (3) the damage or destruction must occur before risk of loss passes to the buyer (see 84-2-509). The section applies whether the goods were already destroyed at the time of contracting or were subsequently destroyed, as long as the other prerequisites are met. When the loss is partial, paragraph (b) gives the buyer the option of avoiding the contract or accepting the goods with a price adjustment.


1. Applied; goods held accepted by buyer; seller not allowed to substitute for nonconforming goods; remedies of buyer. Linscott v. Smith, 3 Kan. App. 2d 1, 6, 7, 587 P.2d 1271.

2. Seller of grain for future delivery not excused from delivery when grain is not identified as being grown on specific tract of land. Clark v. Wallace County Cooperative Equity Exchange, 26 Kan. App. 2d 463, 466, 986 P.2d 391 (1999).

 | Next

  A Summary of Special Sessions in Kansas
  Bill Brief for Senate Bill No. 1
  Bill Brief for House Bill No. 2001

  7/09/2024 Meeting Notice Agenda
  6/03/2024 Meeting Notice Agenda
  LCC Policies

  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2023 Amended & Repealed Statutes
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

Session Laws

Kansas Legislature
Administrative Services
Division of Post Audit
Research Department