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 2-324) then
         (a) if the loss is total the contract is avoided; and

buy goods. See Illinois Compiled Statutes 810 ILCS 5/2-103 Contract: A legal written agreement that becomes binding when signed. Seller: means a person who sells or contracts to

sell goods. See Illinois Compiled Statutes 810 ILCS 5/2-103          (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.   Previous section Next section    Part 6 Contents