Diners Café orders five gallons of transfat-free cooking oil from Restaurant Supply,Inc.The seller mistakenly ships the wrong oil,which the buyer keeps,despite the nonconformity.The oil is destroyed in a kitchen fire.The loss is suffered by

Question

Quizplus · Accepted Answer

Diners tolerated the nonconformity by keeping the wrong oil. Therefore, they assumed the risk and liability for any loss or damage that may occur with the product, including the fire. Restaurant Supply, Inc. fulfilled their obligation by shipping the oil, but the mistake does not make them responsible for the loss. The customers are not involved in the transaction, and thus, they are not affected by the nonconformity or the loss.

Diners Café Orders Five Gallons of Transfat-Free Cooking Oil from Restaurant