Frieda purchased a large desk at a garage sale.She asked the seller if she could leave the desk at the side of the road so she could go home and get her pickup truck.When she returned,she found that the desk had been struck by a car and demolished.Can Frieda get her money back?
A)Yes,because the seller allowed Frieda to leave the goods until she takes possession.
B)No,because the desk was available for Frieda to take when she purchased it and thus she bore the risk of loss.
C)No,because,even though the desk was available for Frieda to take when she purchased it,the risk of loss does not transfer until delivery.
D)Yes,because the risk of loss does not transfer until she takes possession.
E)Yes,because the goods were not tendered until she takes possession.

Question

Quizplus · Accepted Answer

A)If the seller is not a merchant,the risk of loss remains with the buyer under the
rule of tender of delivery.Simply put,tender of delivery is the moment the goods were available for the buyer to take.Since the seller is not considered a merchant and the desk was available for Frieda to take when she purchased it,she bore the risk of loss and cannot get her money back.
B)If the seller is not a merchant,the risk of loss remains with the buyer under the rule of tender of delivery.Simply put,tender of delivery is the moment the goods were available for the buyer to take.Since the seller is not considered a merchant and the desk was available for Frieda to take when she purchased it,she bore the risk of loss and cannot get her money back.
C)If the seller is not a merchant,the risk of loss remains with the buyer under the rule of tender of delivery.Simply put,tender of delivery is the moment the goods were available for the buyer to take.Since the seller is not considered a merchant and the desk was available for Frieda to take when she purchased it,she bore the risk of loss and cannot get her money back.
D)If the seller is not a merchant,the risk of loss remains with the buyer under the rule of tender of delivery.Simply put,tender of delivery is the moment the goods were available for the buyer to take.Since the seller is not considered a merchant and the desk was available for Frieda to take when she purchased it,she bore the risk of loss and cannot get her money back.
E)If the seller is not a merchant,the risk of loss remains with the buyer under the rule of tender of delivery.Simply put,tender of delivery is the moment the goods were available for the buyer to take.Since the seller is not considered a merchant and the desk was available for Frieda to take when she purchased it,she bore the risk of loss and cannot get her money back.

Frieda Purchased a Large Desk at a Garage Sale