{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.2A-219.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.2A-219.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.2A-219.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.2A-219.html"}],"law_id":55940,"edition_id":1,"section_id":55940,"structure_id":12737,"section_number":"8.2A-219","catch_line":"Risk of loss","history":"1991, c. 536.","full_text":"1\n\nExcept in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.2\n\nSubject to the provisions of this Title on the effect of default on risk of loss (\u00a7 8.2A-220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:a\n\nIf the lease contract requires or authorizes the goods to be shipped by carrieri\n\nand it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; butii\n\nif it does require delivery 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 lessee when the goods are there duly so tendered as to enable the lessee to take delivery.b\n\nIf the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee’s right to possession of the goods.c\n\nIn any case not within subdivision (a) or (b) of this subsection, the risk of loss passes to the lessee on the lessee’s receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.","order_by":null,"text":{"0":{"id":204913,"text":"Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":204914,"text":"Subject to the provisions of this Title on the effect of default on risk of loss (\u00a7 8.2A-220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2a"},"2":{"id":204915,"text":"If the lease contract requires or authorizes the goods to be shipped by carrier","type":"section","prefixes":["2","a"],"prefix":"a","entire_prefix":"2a","prefix_anchor":"2a","level":2,"prior_prefix":"2","next_prefix":"2i"},"3":{"id":204916,"text":"and it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but","type":"section","prefixes":["2","i"],"prefix":"i","entire_prefix":"2i","prefix_anchor":"2i","level":2,"prior_prefix":"2a","next_prefix":"2iii"},"4":{"id":204917,"text":"if it does require delivery 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 lessee when the goods are there duly so tendered as to enable the lessee to take delivery.","type":"section","prefixes":["2","i","ii"],"prefix":"ii","entire_prefix":"2iii","prefix_anchor":"2iii","level":3,"prior_prefix":"2i","next_prefix":"2b"},"5":{"id":204918,"text":"If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee’s right to possession of the goods.","type":"section","prefixes":["2","b"],"prefix":"b","entire_prefix":"2b","prefix_anchor":"2b","level":2,"prior_prefix":"2iii","next_prefix":"2c"},"6":{"id":204919,"text":"In any case not within subdivision (a) or (b) of this subsection, the risk of loss passes to the lessee on the lessee’s receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery.","type":"section","prefixes":["2","c"],"prefix":"c","entire_prefix":"2c","prefix_anchor":"2c","level":2,"prior_prefix":"2b"}},"ancestry":[{"id":12737,"edition_id":1,"name":"Formation and Construction of Lease Contract","identifier":"2","label":"part","depth":2,"order_by":1,"parent_id":12736,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282407,"object_type":"structure","relational_id":12737,"identifier":"2","token":"8.2A\/2","url":"\/8.2A\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12736,"edition_id":1,"name":"Commercial Code \u2014 Leases","identifier":"8.2A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":282367,"object_type":"structure","relational_id":12736,"identifier":"8.2A","token":"8.2A","url":"\/8.2A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71755,"structure_id":12737,"section_number":"8.2A-201","catch_line":"Statute of frauds","url":"\/8.2A-201\/","token":"8.2A\/2\/8.2A-201","metadata":false},{"id":57011,"structure_id":12737,"section_number":"8.2A-202","catch_line":"Final expression: parol or extrinsic evidence","url":"\/8.2A-202\/","token":"8.2A\/2\/8.2A-202","metadata":false},{"id":84673,"structure_id":12737,"section_number":"8.2A-203","catch_line":"Seals inoperative","url":"\/8.2A-203\/","token":"8.2A\/2\/8.2A-203","metadata":false},{"id":53946,"structure_id":12737,"section_number":"8.2A-204","catch_line":"Formation in general","url":"\/8.2A-204\/","token":"8.2A\/2\/8.2A-204","metadata":false},{"id":81740,"structure_id":12737,"section_number":"8.2A-205","catch_line":"Firm offers","url":"\/8.2A-205\/","token":"8.2A\/2\/8.2A-205","metadata":false},{"id":84135,"structure_id":12737,"section_number":"8.2A-206","catch_line":"Offer and acceptance in formation of lease contract","url":"\/8.2A-206\/","token":"8.2A\/2\/8.2A-206","metadata":false},{"id":77350,"structure_id":12737,"section_number":"8.2A-207","catch_line":"Repealed","url":"\/8.2A-207\/","token":"8.2A\/2\/8.2A-207","metadata":false},{"id":58420,"structure_id":12737,"section_number":"8.2A-208","catch_line":"Modification, rescission, and waiver","url":"\/8.2A-208\/","token":"8.2A\/2\/8.2A-208","metadata":false},{"id":68509,"structure_id":12737,"section_number":"8.2A-209","catch_line":"Lessee under finance lease as beneficiary of supply contract","url":"\/8.2A-209\/","token":"8.2A\/2\/8.2A-209","metadata":false},{"id":87434,"structure_id":12737,"section_number":"8.2A-210","catch_line":"Express warranties","url":"\/8.2A-210\/","token":"8.2A\/2\/8.2A-210","metadata":false},{"id":63414,"structure_id":12737,"section_number":"8.2A-211","catch_line":"Warranties against interference and against infringement; lessee's obligation against infringement","url":"\/8.2A-211\/","token":"8.2A\/2\/8.2A-211","metadata":false},{"id":59329,"structure_id":12737,"section_number":"8.2A-212","catch_line":"Implied warranty of merchantability","url":"\/8.2A-212\/","token":"8.2A\/2\/8.2A-212","metadata":false},{"id":56702,"structure_id":12737,"section_number":"8.2A-213","catch_line":"Implied warranty of fitness for particular purpose","url":"\/8.2A-213\/","token":"8.2A\/2\/8.2A-213","metadata":false},{"id":86933,"structure_id":12737,"section_number":"8.2A-214","catch_line":"Exclusion or modification of warranties","url":"\/8.2A-214\/","token":"8.2A\/2\/8.2A-214","metadata":false},{"id":76581,"structure_id":12737,"section_number":"8.2A-215","catch_line":"Cumulation and conflict of warranties express or implied","url":"\/8.2A-215\/","token":"8.2A\/2\/8.2A-215","metadata":false},{"id":60702,"structure_id":12737,"section_number":"8.2A-216","catch_line":"Third-party beneficiaries of express and implied warranties","url":"\/8.2A-216\/","token":"8.2A\/2\/8.2A-216","metadata":false},{"id":86152,"structure_id":12737,"section_number":"8.2A-217","catch_line":"Identification","url":"\/8.2A-217\/","token":"8.2A\/2\/8.2A-217","metadata":false},{"id":83259,"structure_id":12737,"section_number":"8.2A-218","catch_line":"Insurance and proceeds","url":"\/8.2A-218\/","token":"8.2A\/2\/8.2A-218","metadata":false},{"id":55940,"structure_id":12737,"section_number":"8.2A-219","catch_line":"Risk of loss","url":"\/8.2A-219\/","token":"8.2A\/2\/8.2A-219","metadata":false},{"id":65496,"structure_id":12737,"section_number":"8.2A-220","catch_line":"Effect of default on risk of loss","url":"\/8.2A-220\/","token":"8.2A\/2\/8.2A-220","metadata":false},{"id":80194,"structure_id":12737,"section_number":"8.2A-221","catch_line":"Casualty to identified goods","url":"\/8.2A-221\/","token":"8.2A\/2\/8.2A-221","metadata":false}],"previous_section":{"id":83259,"structure_id":12737,"section_number":"8.2A-218","catch_line":"Insurance and proceeds","url":"\/8.2A-218\/","token":"8.2A\/2\/8.2A-218","metadata":false},"next_section":{"id":65496,"structure_id":12737,"section_number":"8.2A-220","catch_line":"Effect of default on risk of loss","url":"\/8.2A-220\/","token":"8.2A\/2\/8.2A-220","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.2A-219\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 536 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 1991 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":80194,"section_number":"8.2A-221","catch_line":"Casualty to identified goods","order_by":null,"url":"\/8.2A-221\/"},{"id":80116,"section_number":"8.2A-529","catch_line":"Lessor's action for the rent","order_by":null,"url":"\/8.2A-529\/"}],"refers_to":[{"id":65496,"section_number":"8.2A-220","catch_line":"Effect of default on risk of loss","order_by":null,"url":"\/8.2A-220\/"}],"permalink":{"id":282481,"object_type":"law","relational_id":55940,"identifier":"8.2A-219","token":"8.2A\/2\/8.2A-219","url":"\/8.2A-219\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.2A-219\/","token":"8.2A\/2\/8.2A-219","dublin_core":{"Title":"Risk of loss","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.2A-219","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Subject to the provisions of this Title on the effect of default<\/span> on risk of loss (\u00a7 8.2A-220<\/a>), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> If the lease contract<\/span> requires or authorizes the goods to be shipped by carrier <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

i.<\/span> and it does not require delivery at a particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

ii.<\/span> if it does require delivery 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 lessee when the goods are there duly so tendered as to enable the lessee to take delivery. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee’s right to possession<\/span> of the goods. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

c.<\/span> In any case not within subdivision (a) or (b) of this subsection, the risk of loss passes to the lessee on the lessee’s receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRISK OF LOSS (\u00a7 8.2A-219)\n\n1. Except in the case of a finance lease, risk of loss is retained by the lessor\nand does not pass to the lessee. In the case of a finance lease, risk of loss\npasses to the lessee.\n\n2. Subject to the provisions of this Title on the effect of default on risk of\nloss (\u00a7 8.2A-220), if risk of loss is to pass to the lessee and the time of\npassage is not stated, the following rules apply:\n\n a. If the lease contract requires or authorizes the goods to be shipped by\n carrier\n\n i. and it does not require delivery at a particular destination, the risk of\n loss passes to the lessee when the goods are duly delivered to the carrier;\n but\n\n ii. if it does require delivery at a particular destination and the goods\n are there duly tendered while in the possession of the carrier, the risk of\n loss passes to the lessee when the goods are there duly so tendered as to\n enable the lessee to take delivery.\n\n b. If the goods are held by a bailee to be delivered without being moved, the\n risk of loss passes to the lessee on acknowledgment by the bailee of the\n lessee’s right to possession of the goods.\n\n c. In any case not within subdivision (a) or (b) of this subsection, the risk\n of loss passes to the lessee on the lessee’s receipt of the goods if the\n lessor, or, in the case of a finance lease, the supplier, is a merchant;\n otherwise the risk passes to the lessee on tender of delivery.\n\nHISTORY: 1991, c. 536.","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}}