---
title: O.C.G.A. § 11-2-613. Casualty to identified goods.
collection: code
id: 11-2-613
cite_as: O.C.G.A. § 11-2-613 (2025)
canonical_url: https://georgiacommons.org/code/11-2-613
md_url: https://georgiacommons.org/code/11-2-613.md
text_url: https://georgiacommons.org/code/11-2-613/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-2022-pdf.pdf?sfvrsn=b5451bbd_0#page=220
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / SALES / BREACH, REPUDIATION, AND EXCUSE
---

# O.C.G.A. § 11-2-613. Casualty to identified goods.

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 (Code Section 11-2-324) 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 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.

## History

Code 1933, § 109A-2-613, enacted by Ga. L. 1962, p. 156, § 1.

## Law Reviews

For article, “Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods,” see 22 Ga. L. Rev. 503 (1988).