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 risk of loss does not transfer until she takes possession.
B) Yes, because the seller allowed Frieda to leave the goods until she takes possession.
C) Yes, because the goods were not tendered until she takes possession.
D) No, because the desk was available for Frieda to take when she purchased it and thus she bore the risk of loss.
E) 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.

Question

Quizplus · Accepted Answer

The risk of loss in a situation where the buyer has made the purchase and the goods are available for them to take possession immediately transfers to the buyer. Since Frieda had completed the purchase and the desk was available for her to take, she assumed the risk of loss once the sale was finalized, even though she had not physically taken the desk with her yet.

Frieda Purchased a Large Desk at a Garage Sale