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If the seller has committed a fundamental breach of contract, articles 67, 68 and 69 do not impair the remedies available to the buyer on account of the breach.
The provincial Acts contain no provision corresponding to art. 70 but the same result as in art. 70 would probably be reached on general principles, at least where the buyer has not yet accepted the goods. The Code provisions in UCC 2-510(1) and (2) approach the issue differently, i.e., in terms of whether or not the risk of loss is deemed to have been transferred at all, and reach somewhat different results. [cf. OLRC Sales Report, pp.273-275]. However, the practical effect of art. 70 appears to be the same as if risk of loss had not passed since, by avoiding the contract, the buyer will be relieved from having to pay the price if he has not yet paid it and will be able to recover it if he has. Cf. art. 82 and [Secretariat] Commentary, p. 206.
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