Wisconsin Code § 402.509

Risk of loss in the absence of breach
Open in Lexace · Ask the AI about this section
(1)
Where the contract requires or authorizes the seller to ship the
goods by carrier:
(a) If it does not require the seller 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 (s. 402.505); but
(b) If it does require the seller 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 the buyer’s receipt of possession or control 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 the buyer’s receipt of possession or control of a nonnegotiable document of title or other direction to deliver in a
record, as provided in s. 402.503 (4) (b).
(3) In any case not within sub. (1) or (2), the risk of loss
passes to the buyer on the buyer’s 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 s. 402.327 on sale on approval
and s. 402.510 on effect of breach on risk of loss.

‹ Prev All Wisconsin sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.