- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 509. Risk of Loss in the Absence of Breach.
previous: Section 508
. Cure By Seller of Improper Tender or Delivery; Replacement.
next: Section 510
. Effect of Breach On Risk of Loss.
AS 45.02.509. Risk of Loss in the Absence of Breach.
- (a) Where the contract requires or authorizes the seller to ship the goods by carrier,
- (1) if it does not require the seller 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 (AS 45.02.505
- (2) if it does require the seller 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.
- (b) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer
- (1) on the buyer's receipt of a negotiable document of title covering the goods;
- (2) on acknowledgment by the bailee of the buyer's right to possession of the goods; or
- (3) after the buyer's receipt of a nonnegotiable document of title or other written direction to deliver, as provided in
- (c) In any case not within (a) or (b) of this section, the risk of loss passes to the buyer on the buyer's receipt of the
goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
- (d) This section is subject to contrary agreement of the parties and to the provisions on sale on approval (AS 45.02.327
), and on effect of breach on risk of loss (AS 45.02.510
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