{"data":{"id":"us-dc/d.c.-code-28-2-509","jurisdiction":"us-dc","citation":"D.C. Code § 28:2-509","heading":"Risk of loss in the absence of breach.","body":"(1)\nWhere the contract requires or authorizes the seller to ship the goods by carrier\n(a)\nif 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 28:2-505); but\n(b)\nif 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.\n\n(2)\nWhere the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer\n(a)\non his receipt of possession or control of a negotiable document of title covering the goods; or\n(b)\non acknowledgment by the bailee of the buyer’s right to possession of the goods; or\n(c)\nafter his receipt of possession or control of a non-negotiable document of title or other direction to deliver in a record, as provided in subsection (4)(b) of section 28:2-503.\n\n(3)\nIn 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.\n\n(4)\nThe provisions of this section are subject to contrary agreement of the parties and to the provisions of this article on sale on approval (section 28:2-327) and on effect of breach on risk of loss (section 28:2-510).","path":["Title 28. Commercial Instruments and Transactions. [Enacted title]","Subtitle I. Uniform Commercial Code.","Article 2. Sales.","Part V. Performance."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/28:2-509","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"e18219b67e456632ebb92c6f1135bb94c510fb29987b7f581f73065884fd30a8","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-28-2-508","next":"us-dc/d.c.-code-28-2-510"},"notice":"GroundRules: Original legal text. Not legal advice."}