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Minnesota Legislature

Office of the Revisor of Statutes

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 (section 336.2-324) 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 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: 1965 c 811 s 336.2-613; 1986 c 444