{"data":{"id":"us-ky/krs-355.2-509","jurisdiction":"us-ky","citation":"KRS 355.2-509","heading":"Risk of loss in the absence of breach.","body":"(1) Where the contract requires or authorizes the seller to ship the goods by carrier:\n(a) If it does not require him to deliver them at a particular destination, the risk of\nloss passes to the buyer when the goods are duly delivered to the carrier even\nthough the shipment is under reservation (KRS 355.2-505); but\n(b) If it does require him to deliver them at a particular destination and the goods\nare there duly tendered while in the possession of the carrier, the risk of loss\npasses to the buyer when the goods are there duly so tendered as to enable the\nbuyer to take delivery.\n(2) Where the goods are held by a bailee to be delivered without being moved, the risk\nof loss passes to the buyer:\n(a) On the buyer's receipt of possession or control of a negotiable doc ument of\ntitle covering the goods; or\n(b) On acknowledgement by the bailee of the buyer's right to possession of the\ngoods; or\n(c) After the buyer's receipt of possession or control of a nonnegotiable document\nof title or other written direction to deliver, as provided in subsection (4)(b) of\nKRS 355.2-503.\n(3) In any case not within subsection (1) or (2) of this section, the risk of loss passes to\nthe buyer on his receipt of the goods if the seller is a merchant; otherwise the risk\npasses to the buyer on tender of delivery.\n(4) The provisions of this section are subject to contrary agreement of the parties and to\nthe provisions of this article on sale on approval (KRS 355.2 -327) and on effect of\nbreach on risk of loss (KRS 355.2-510).","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40652","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:42Z","sha256":"4d2711516ecb2779955533a7a521494150e7cc39d49f4538df026961fa1025d9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2-508","next":"us-ky/krs-355.2-510"},"notice":"GroundRules: Original legal text. Not legal advice."}