[Scuba Supplies] The Dive Shop ordered ten Mega2000 Diving Tanks, ten SuperSlick wetsuits, and ten pairs of Awesome swim fins from ScubaCo under a destination contract. The tanks were scheduled to be delivered first, and the remaining items would arrive the following day. Upon the first delivery, The Dive Shop noticed that ScubaCo sent ten Mega500 Diving Tanks, an inferior model. The Dive Shop's owner called ScubaCo and was told that ScubaCo had sold out of the Mega2000 model, but the Mega500 was the same price, was "pretty much the same", and The Dive Shop had to pay for the order or it would be in breach of contract. The following day, ScubaCo checked the remainder of the order which consisted of the wetsuits and fins and verified it to be correct. It delivered the remainder of the order, however, The Dive Shop refused delivery. On the way to its next delivery, the carrier truck ran off the side of the road and the goods were lost.
-Who bears the risk of loss for the second delivery?
A) The Dive Shop, because the risk of loss transferred to the buyer on delivery.
B) The Dive Shop, because they had no right to refuse delivery of conforming goods.
C) Both parties share the risk of loss equally.
D) ScubaCo because in a destination contract, the risk remains with the seller.
E) ScubaCo because it had previously delivered nonconforming goods.
Correct Answer:
Verified
Q78: [Kool Klothes] Cleo recently opened an exclusive
Q79: Tasha buys a bicycle from Kelvin. Jeremy
Q80: [Singapore Sculptures] Mavis purchased a sculpture for
Q81: What are the three different types of
Q82: Renée goes to Great Deal and buys
Q84: Discuss the most common ways sales contracts
Q85: Identify and describe the five situations under
Q86: [Scuba Supplies] The Dive Shop ordered ten
Q87: Discuss when title and risk of loss
Q88: [Scuba Supplies] The Dive Shop ordered ten
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents