Alaska § 45.02.509 - Risk of loss in the absence of breach.
Full text of Alaska Alaska Statutes § 45.02.509 — Risk of loss in the absence of breach., with citation guidance and answers to common questions.
§ 45.02.509. Risk of loss in the absence of breach.
(a) Where the contract requires or authorizes the seller to ship the goods by carrier, (1) 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 ( AS 45.02.505 ); but
(2) 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.
(b) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer (1) on the buyer's receipt of possession or control of a negotiable document of title covering the goods;
(2) on acknowledgment by the bailee of the buyer's right to possession of the goods; or
(3) 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 AS 45.02.503 (d)(2).
(c) In any case not within (a) or (b) of this section, 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.
(d) This section is subject to contrary agreement of the parties and to the provisions on sale on approval ( AS 45.02.327 ), and on effect of breach on risk of loss ( AS 45.02.510 ).
Source: official Alaska text · Last verified 2026-08-27
Frequently Asked Questions About Alaska § 45.02.509
What does Alaska Statutes § 45.02.509 cover?
Section 45.02.509 ("Risk of loss in the absence of breach.") is part of the Alaska Statutes, the codified statutory law of Alaska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alaska § 45.02.509?
A common citation format is "Alaska Statutes § 45.02.509" (Alaska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alaska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alaska official source linked on this page or consult a licensed Alaska attorney.
How does Alaska § 45.02.509 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alaska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alaska.