{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-509.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-509.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-509.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-509.html"}],"law_id":61950,"edition_id":1,"section_id":61950,"structure_id":15140,"section_number":"8.2-509","catch_line":"Risk of loss in the absence of breach","history":"1964, c. 219; 2004, c. 200.","full_text":"1\n\nWhere the contract requires or authorizes the seller to ship the goods by carrier:a\n\nif it does not require him 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 (§ 8.2-505); butb\n\nif it does require him 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.2\n\nWhere the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:a\n\non his receipt of possession or control of a negotiable document of title covering the goods; orb\n\non acknowledgement by the bailee of the buyer’s right to possession of the goods; orc\n\nafter his receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in subsection (4) (b) of § 8.2-503.3\n\nIn any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.4\n\nThe provisions of this section are subject to contrary agreement of the parties and to the provisions of this title on sale on approval (§ 8.2-327) and on effect of breach on risk of loss (§ 8.2-510).","order_by":null,"text":{"0":{"id":226144,"text":"Where the contract requires or authorizes the seller to ship the goods by carrier:","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"1a"},"1":{"id":226145,"text":"if it does not require him 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 (§ 8.2-505); but","type":"section","prefixes":["1","a"],"prefix":"a","entire_prefix":"1a","prefix_anchor":"1a","level":2,"prior_prefix":"1","next_prefix":"1b"},"2":{"id":226146,"text":"if it does require him 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.","type":"section","prefixes":["1","b"],"prefix":"b","entire_prefix":"1b","prefix_anchor":"1b","level":2,"prior_prefix":"1a","next_prefix":"2"},"3":{"id":226147,"text":"Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1b","next_prefix":"2a"},"4":{"id":226148,"text":"on his receipt of possession or control of a negotiable document of title covering the goods; or","type":"section","prefixes":["2","a"],"prefix":"a","entire_prefix":"2a","prefix_anchor":"2a","level":2,"prior_prefix":"2","next_prefix":"2b"},"5":{"id":226149,"text":"on acknowledgement by the bailee of the buyer’s right to possession of the goods; or","type":"section","prefixes":["2","b"],"prefix":"b","entire_prefix":"2b","prefix_anchor":"2b","level":2,"prior_prefix":"2a","next_prefix":"2c"},"6":{"id":226150,"text":"after his receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in subsection (4) (b) of § 8.2-503.","type":"section","prefixes":["2","c"],"prefix":"c","entire_prefix":"2c","prefix_anchor":"2c","level":2,"prior_prefix":"2b","next_prefix":"3"},"7":{"id":226151,"text":"In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2c","next_prefix":"4"},"8":{"id":226152,"text":"The provisions of this section are subject to contrary agreement of the parties and to the provisions of this title on sale on approval (§ 8.2-327) and on effect of breach on risk of loss (§ 8.2-510).","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":15140,"edition_id":1,"name":"Performance","identifier":"5","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:52:28","date_modified":"2026-06-26 03:52:28","permalink":{"id":282137,"object_type":"structure","relational_id":15140,"identifier":"5","token":"8.2\/5","url":"\/8.2\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13346,"edition_id":1,"name":"Commercial Code - Sales","identifier":"8.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":281931,"object_type":"structure","relational_id":13346,"identifier":"8.2","token":"8.2","url":"\/8.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87157,"structure_id":15140,"section_number":"8.2-501","catch_line":"Insurable interest in goods; manner of identification of goods","url":"\/8.2-501\/","token":"8.2\/5\/8.2-501","metadata":false},{"id":73361,"structure_id":15140,"section_number":"8.2-502","catch_line":"Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency","url":"\/8.2-502\/","token":"8.2\/5\/8.2-502","metadata":false},{"id":67744,"structure_id":15140,"section_number":"8.2-503","catch_line":"Manner of seller's tender of delivery","url":"\/8.2-503\/","token":"8.2\/5\/8.2-503","metadata":false},{"id":74031,"structure_id":15140,"section_number":"8.2-504","catch_line":"Shipment by seller","url":"\/8.2-504\/","token":"8.2\/5\/8.2-504","metadata":false},{"id":65205,"structure_id":15140,"section_number":"8.2-505","catch_line":"Seller's shipment under reservation","url":"\/8.2-505\/","token":"8.2\/5\/8.2-505","metadata":false},{"id":62064,"structure_id":15140,"section_number":"8.2-506","catch_line":"Rights of financing agency","url":"\/8.2-506\/","token":"8.2\/5\/8.2-506","metadata":false},{"id":72758,"structure_id":15140,"section_number":"8.2-507","catch_line":"Effect of seller's tender; delivery on condition","url":"\/8.2-507\/","token":"8.2\/5\/8.2-507","metadata":false},{"id":76776,"structure_id":15140,"section_number":"8.2-508","catch_line":"Cure by seller of improper tender or delivery; replacement","url":"\/8.2-508\/","token":"8.2\/5\/8.2-508","metadata":false},{"id":61950,"structure_id":15140,"section_number":"8.2-509","catch_line":"Risk of loss in the absence of breach","url":"\/8.2-509\/","token":"8.2\/5\/8.2-509","metadata":false},{"id":66339,"structure_id":15140,"section_number":"8.2-510","catch_line":"Effect of breach on risk of loss","url":"\/8.2-510\/","token":"8.2\/5\/8.2-510","metadata":false},{"id":75601,"structure_id":15140,"section_number":"8.2-511","catch_line":"Tender of payment by buyer; payment by check","url":"\/8.2-511\/","token":"8.2\/5\/8.2-511","metadata":false},{"id":76210,"structure_id":15140,"section_number":"8.2-512","catch_line":"Payment by buyer before inspection","url":"\/8.2-512\/","token":"8.2\/5\/8.2-512","metadata":false},{"id":66030,"structure_id":15140,"section_number":"8.2-513","catch_line":"Buyer's right to inspection of goods","url":"\/8.2-513\/","token":"8.2\/5\/8.2-513","metadata":false},{"id":57680,"structure_id":15140,"section_number":"8.2-514","catch_line":"When documents deliverable on acceptance; when on payment","url":"\/8.2-514\/","token":"8.2\/5\/8.2-514","metadata":false},{"id":79187,"structure_id":15140,"section_number":"8.2-515","catch_line":"Preserving evidence of goods in dispute","url":"\/8.2-515\/","token":"8.2\/5\/8.2-515","metadata":false}],"previous_section":{"id":76776,"structure_id":15140,"section_number":"8.2-508","catch_line":"Cure by seller of improper tender or delivery; replacement","url":"\/8.2-508\/","token":"8.2\/5\/8.2-508","metadata":false},"next_section":{"id":66339,"structure_id":15140,"section_number":"8.2-510","catch_line":"Effect of breach on risk of loss","url":"\/8.2-510\/","token":"8.2\/5\/8.2-510","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-509\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2004, chapter 200<\/a>.<\/p>","references":false,"refers_to":[{"id":58489,"section_number":"8.2-327","catch_line":"Special incidents of sale on approval and sale or return","order_by":null,"url":"\/8.2-327\/"},{"id":65205,"section_number":"8.2-505","catch_line":"Seller's shipment under reservation","order_by":null,"url":"\/8.2-505\/"},{"id":66339,"section_number":"8.2-510","catch_line":"Effect of breach on risk of loss","order_by":null,"url":"\/8.2-510\/"}],"permalink":{"id":282171,"object_type":"law","relational_id":61950,"identifier":"8.2-509","token":"8.2\/5\/8.2-509","url":"\/8.2-509\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-509\/","token":"8.2\/5\/8.2-509","dublin_core":{"Title":"Risk of loss in the absence of breach","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-509","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Where the contract<\/span> requires or authorizes the seller to ship the goods by carrier: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> if it does not require him 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 (§ 8.2-505<\/a>); but <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> on his receipt of possession<\/span> or control of a negotiable document of title covering the goods; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> on acknowledgement by the bailee of the buyer’s right to possession<\/span> of the goods; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> after his receipt of possession<\/span> or control of a nonnegotiable document of title or other direction to deliver in a record, as provided in subsection (4) (b) of § 8.2-503<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The provisions of this section are subject to contrary agreement of the parties and to the provisions of this title on sale on approval (§ 8.2-327<\/a>) and on effect of breach on risk of loss (§ 8.2-510<\/a>). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRISK OF LOSS IN THE ABSENCE OF BREACH (\u00a7 8.2-509)\n\n1. Where the contract requires or authorizes the seller to ship the goods by\ncarrier:\n\n a. if it does not require him to deliver them at a particular destination, the\n risk of loss passes to the buyer when the goods are duly delivered to the\n carrier even though the shipment is under reservation (§ 8.2-505); but\n\n b. if it does require him to deliver them at a particular destination and the\n goods are there duly tendered while in the possession of the carrier, the risk\n of loss passes to the buyer when the goods are there duly so tendered as to\n enable the buyer to take delivery.\n\n2. Where the goods are held by a bailee to be delivered without being moved, the\nrisk of loss passes to the buyer:\n\n a. on his receipt of possession or control of a negotiable document of title\n covering the goods; or\n\n b. on acknowledgement by the bailee of the buyer’s right to possession\n of the goods; or\n\n c. after his receipt of possession or control of a nonnegotiable document of\n title or other direction to deliver in a record, as provided in subsection (4)\n (b) of § 8.2-503.\n\n3. In any case not within subsection (1) or (2), the risk of loss passes to the\nbuyer on his receipt of the goods if the seller is a merchant; otherwise the\nrisk passes to the buyer on tender of delivery.\n\n4. The provisions of this section are subject to contrary agreement of the\nparties and to the provisions of this title on sale on approval (§ 8.2-327)\nand on effect of breach on risk of loss (§ 8.2-510).\n\nHISTORY: 1964, c. 219; 2004, c. 200.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}