                                 CODE OF VIRGINIA

CASUALTY TO IDENTIFIED GOODS (§ 8.2-613)

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
&#8220;no arrival, no sale&#8221; term (§ 8.2-324) then

a. if the loss is total the contract is avoided; and

b. 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.

HISTORY: 1964, c. 219.