M Civ JI 140.22 Contract Action - UCC: Lost or Damaged Goods (Risk of Loss - Seller’s Breach)

The buyer does not have to pay for [ lost / damaged ] goods if:

*(a) the goods, or the manner, time, or place of their delivery did not conform to the contract, or

(b) the buyer has accepted the goods, but has rightfully revoked that acceptance before the goods are [ lost / damaged ]. If the buyer has rightfully revoked, the buyer does not have to pay for the goods and the buyer may recover damages from the seller to the extent that [ he / she / it ] has not or will not receive insurance proceeds.

Note on Use

*Subsection a applies only if a tender or delivery so fails to conform to the contract as to give the buyer a right of rejection. MCL 440.2510(1).

Comment

MCL 440.2510(1), (2).

History

M Civ JI 140.22 was added January 1987.