Earth's Bounty Farms arranges to have Fresh Express, Inc., a common carrier, transport a load of almonds from California to Delaware. Greg is Fresh Express's driver. Fresh Express will not be liable to Earth's Bounty for failing to deliver the almonds on time if
A) authorities are stopping and searching all trucks leaving California.
B) Fresh Express's dispatcher mistakenly delays Greg's departure.
C) Fresh Express's truck is broken into and the almonds are stolen.
D) Greg has to wait two days in Sacramento for the truck to be repaired.

Question

Earth's Bounty Farms arranges to have Fresh Express, Inc., a common carrier, transport a load of almonds from California to Delaware. Greg is Fresh Express's driver. Fresh Express will not be liable to Earth's Bounty for failing to deliver the almonds on time if​
A) ​authorities are stopping and searching all trucks leaving California.
B) ​Fresh Express's dispatcher mistakenly delays Greg's departure.
C) ​Fresh Express's truck is broken into and the almonds are stolen.
D) ​Greg has to wait two days in Sacramento for the truck to be repaired.

Quizplus · Accepted Answer

The delay caused by the authorities searching all trucks leaving California is beyond Fresh Express's control and would be considered a force majeure event, which would excuse the carrier's failure to deliver the load on time. The other options involve issues that are within the control of Fresh Express or its employees, and would likely result in liability for failing to deliver the almonds on time.

Earth's Bounty Farms Arranges to Have Fresh Express, Inc