[Wrecked Toaster] Ivan goes to upscale housewares store Smith-Napa to buy himself a nice new toaster, because his old one broke. The store does not have the model he wants in stock, but they can have it shipped from the warehouse directly to Ivan. It is agreed that the toaster will be placed with a common carrier for delivery. The contract between Ivan and Smith-Napa is ambiguous regarding whether the seller had the duty to deliver the goods only to the common carrier's hands or whether the seller had the duty to deliver the goods to Ivan's home. Unfortunately, on the way to Ivan's home, through no fault of the delivery driver, the delivery truck was involved in a collision, and the toaster was damaged beyond repair.
-Ivan and Smith-Napa entered into which of the following contracts?
A) A common-carrier delivery contract
B) A trucking contract
C) A goods-in-bailment contract
D) A conditional sales contract
E) A conditional delivery contract

Question

Quizplus · Accepted Answer

EIn this scenario, Ivan and Smith-Napa entered into a common-carrier delivery contract because the goods (toaster) were to be delivered by a common carrier, which is a third-party transportation service. Additionally, it can be considered a conditional delivery contract because the delivery of the toaster to Ivan's home was a condition of the sale, even though the contract was ambiguous about the exact delivery obligations. The ambiguity does not negate the fact that delivery was a condition of the sale.

[Wrecked Toaster] Ivan Goes to Upscale Housewares Store Smith-Napa to Buy