Jason orders one hundred remote-controlled toy cars from RyBy Toys. In the contract, it is stipulated that RyBy Toys will transport the toy cars via FlyByNight, a national carrier service. RyBy Toys makes the arrangements and hands over the toys to FlyByNight without the remote-controllers. In the event that the goods are destroyed in transit, which of the following parties would bear the risk of loss as per the sales contract?
A) Jason would bear the risk of loss irrespective of the fate of the goods.
B) FlyByNight would bear the risk of loss as they had the responsibility to deliver the goods.
C) RyBy Toys would bear the risk as they shipped nonconforming goods.
D) The risk of loss would be shared between RyBy Toys and Jason.
Correct Answer:
Verified
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