{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2-613.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2-613.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2-613.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2-613.html"}],"law_id":77785,"edition_id":1,"section_id":77785,"structure_id":13474,"section_number":"8.2-613","catch_line":"Casualty to identified goods","history":"1964, c. 219.","full_text":"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 (\u00a7 8.2-324) then\n\na\n\nif the loss is total the contract is avoided; andb\n\nif 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.","order_by":null,"text":{"0":{"id":278963,"text":"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 (\u00a7 8.2-324) then","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":278964,"text":"if the loss is total the contract is avoided; and","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"b"},"2":{"id":278965,"text":"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.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a"}},"ancestry":[{"id":13474,"edition_id":1,"name":"Breach, Repudiation and Excuse","identifier":"6","label":"part","depth":2,"order_by":1,"parent_id":13346,"metadata":{},"date_created":"2026-06-26 03:44:58","date_modified":"2026-06-26 03:44:58","permalink":{"id":282199,"object_type":"structure","relational_id":13474,"identifier":"6","token":"8.2\/6","url":"\/8.2\/6\/","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":65792,"structure_id":13474,"section_number":"8.2-601","catch_line":"Buyer's rights on improper delivery","url":"\/8.2-601\/","token":"8.2\/6\/8.2-601","metadata":false},{"id":66830,"structure_id":13474,"section_number":"8.2-602","catch_line":"Manner and effect of rightful rejection","url":"\/8.2-602\/","token":"8.2\/6\/8.2-602","metadata":false},{"id":61294,"structure_id":13474,"section_number":"8.2-603","catch_line":"Merchant buyer's duties as to rightfully rejected goods","url":"\/8.2-603\/","token":"8.2\/6\/8.2-603","metadata":false},{"id":72944,"structure_id":13474,"section_number":"8.2-604","catch_line":"Buyer's options as to salvage of rightfully rejected goods","url":"\/8.2-604\/","token":"8.2\/6\/8.2-604","metadata":false},{"id":73162,"structure_id":13474,"section_number":"8.2-605","catch_line":"Waiver of buyer's objections by failure to particularize","url":"\/8.2-605\/","token":"8.2\/6\/8.2-605","metadata":false},{"id":62398,"structure_id":13474,"section_number":"8.2-606","catch_line":"What constitutes acceptance of goods","url":"\/8.2-606\/","token":"8.2\/6\/8.2-606","metadata":false},{"id":74581,"structure_id":13474,"section_number":"8.2-607","catch_line":"Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over","url":"\/8.2-607\/","token":"8.2\/6\/8.2-607","metadata":false},{"id":68731,"structure_id":13474,"section_number":"8.2-608","catch_line":"Revocation of acceptance in whole or in part","url":"\/8.2-608\/","token":"8.2\/6\/8.2-608","metadata":false},{"id":70729,"structure_id":13474,"section_number":"8.2-609","catch_line":"Right to adequate assurance of performance","url":"\/8.2-609\/","token":"8.2\/6\/8.2-609","metadata":false},{"id":72611,"structure_id":13474,"section_number":"8.2-610","catch_line":"Anticipatory repudiation","url":"\/8.2-610\/","token":"8.2\/6\/8.2-610","metadata":false},{"id":74264,"structure_id":13474,"section_number":"8.2-611","catch_line":"Retraction of anticipatory repudiation","url":"\/8.2-611\/","token":"8.2\/6\/8.2-611","metadata":false},{"id":54438,"structure_id":13474,"section_number":"8.2-612","catch_line":"\"Installment contract\"; breach","url":"\/8.2-612\/","token":"8.2\/6\/8.2-612","metadata":false},{"id":77785,"structure_id":13474,"section_number":"8.2-613","catch_line":"Casualty to identified goods","url":"\/8.2-613\/","token":"8.2\/6\/8.2-613","metadata":false},{"id":58568,"structure_id":13474,"section_number":"8.2-614","catch_line":"Substituted performance","url":"\/8.2-614\/","token":"8.2\/6\/8.2-614","metadata":false},{"id":63012,"structure_id":13474,"section_number":"8.2-615","catch_line":"Excuse by failure of presupposed conditions","url":"\/8.2-615\/","token":"8.2\/6\/8.2-615","metadata":false},{"id":81517,"structure_id":13474,"section_number":"8.2-616","catch_line":"Procedure on notice claiming excuse","url":"\/8.2-616\/","token":"8.2\/6\/8.2-616","metadata":false}],"previous_section":{"id":54438,"structure_id":13474,"section_number":"8.2-612","catch_line":"\"Installment contract\"; breach","url":"\/8.2-612\/","token":"8.2\/6\/8.2-612","metadata":false},"next_section":{"id":58568,"structure_id":13474,"section_number":"8.2-614","catch_line":"Substituted performance","url":"\/8.2-614\/","token":"8.2\/6\/8.2-614","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2-613\/","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.<\/p>","references":[{"id":70759,"section_number":"8.2-324","catch_line":"\"No arrival, no sale\" term","order_by":null,"url":"\/8.2-324\/"}],"refers_to":[{"id":70759,"section_number":"8.2-324","catch_line":"\"No arrival, no sale\" term","order_by":null,"url":"\/8.2-324\/"}],"permalink":{"id":282249,"object_type":"law","relational_id":77785,"identifier":"8.2-613","token":"8.2\/6\/8.2-613","url":"\/8.2-613\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2-613\/","token":"8.2\/6\/8.2-613","dublin_core":{"Title":"Casualty to identified goods","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2-613","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Where the contract<\/span> requires for its performance goods identified when the contract<\/span> is made, and the goods suffer casualty without fault of either party<\/span> before the risk of loss passes to the buyer, or in a proper case under a “no arrival, no sale” term (\u00a7 8.2-324<\/a>) then<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> if the loss is total the contract<\/span> is avoided; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> if the loss is partial or the goods have so deteriorated as no longer to conform to the contract<\/span> the buyer may nevertheless demand inspection and at his option either treat the contract<\/span> as avoided or accept the goods with due allowance from the contract<\/span> price for the deterioration or the deficiency in quantity but without further right against the seller. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCASUALTY TO IDENTIFIED GOODS (\u00a7 8.2-613)\n\nWhere the contract requires for its performance goods identified when the\ncontract is made, and the goods suffer casualty without fault of either party\nbefore the risk of loss passes to the buyer, or in a proper case under a\n“no arrival, no sale” term (\u00a7 8.2-324) then\n\na. if the loss is total the contract is avoided; and\n\nb. if the loss is partial or the goods have so deteriorated as no longer to\nconform to the contract the buyer may nevertheless demand inspection and at his\noption either treat the contract as avoided or accept the goods with due\nallowance from the contract price for the deterioration or the deficiency in\nquantity but without further right against the seller.\n\nHISTORY: 1964, c. 219.","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}}