GroundRules
← Search the law
Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12A, § 12A-2-509: Risk of loss in the absence of breach

Read at publisher ↗
Where this section sits in the code
  1. OK Code
  2. Title 12A

Risk of Loss in the Absence of Breach.

(1) Where the contract requires or authorizes the seller to

ship the goods by carrier:

(a) 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 (Section 2-505); but

(b) 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.

(2) Where the goods are held by a bailee to be delivered

without being moved, the risk of loss passes to the buyer:

(a) on his receipt of a negotiable document of title covering

the goods; or

(b) on acknowledgment by the bailee of the buyer's right to

possession of the goods; or

(c) 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 Section 2-503.

(3) 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.

(4) The provisions of this section are subject to contrary

agreement of the parties and to the provisions of this article on

sale on approval (Section 2-327) and on effect of breach on risk of

loss (Section 2-510).

Collected 2026-09-14T18:32:36Z. Source file · JSON

Browse this collection