Which of the following is the correct outcome of the case discussed in the Case Opener,about whether title had passed to the entity that received shipment,although shipment was made to the wrong party,thereby preventing a lawsuit by the assignee of the original owner against the shipping company?
A) That because the shipper breached its contract by improperly delivering goods,the lawsuit by the assignee was not barred.
B) That while the original seller may have had rights to sue,the lawsuit by the assignee was barred under the Contracts for the International Sale of Goods.
C) That the lawsuit by the assignee was barred because a destination title was involved,and risk of loss had passed to the buyer by the time of delivery,leaving the seller with no rights.
D) That because title and risk of loss had not passed from the seller,who had contracted with the shipper,to the buyer at the time of transfer,the lawsuit by the assignee was not barred.
E) That the lawsuit by the assignee was barred because an origin title was involved,and risk of loss had passed to the buyer by the time of delivery,leaving the seller with no rights.
Correct Answer:
Verified
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