Josh's Futbol World ordered 500 U.S.A.replica soccer jerseys from Victory Apparel,a sports apparel manufacturer.The jerseys were to be delivered to Josh's place of business.When the shipment arrived,Josh's discovered that it has received 500 pairs of U.S.A.replica shorts but no jerseys.Before Josh's could notify Victory and return the shorts,a fire destroyed Josh's building along with the shipment of shorts.Which of the following statements is true?
A) This was a destination contract, and since the shorts were tendered to the destination, Josh's bears risk of loss until they can be returned.
B) This was a destination contract, and the shorts were nonconforming goods, so Victory did not complete performance and retained risk of loss.
C) This was a shipment contract, and Josh's assumed risk of loss when Victory delivered the goods to the carrier.
D) This was a shipment contract, and Victory retained risk of loss until the goods were tendered to Josh's at Josh's establishment.
Correct Answer:
Verified
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