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Under the Sales Article of the UCC




Under the Sales Article of the UCC, when a contract for the sale of goods stipulates that the seller ship the goods by common carrier, ?FOB purchaser?s loading dock,? which of the parties bears the risk of loss during shipment?;5.;A. The purchaser, because risk of loss passes when the goods are delivered to the carrier.;B. The purchaser, because title to the goods passes at the time of shipment.;C. The seller, because risk of loss remains with the seller until the goods are accepted by the purchaser.;D. The seller, because risk of loss passes only when the goods reach the purchaser?s loading dock.;Bell, by telegram to Major Corp., ordered 10,000 yards of fabric, first quality, 50% wool and 50% cotton. Major accepted the order and packed the fabric for shipment. In the process, it discovered that one-half of the fabric packed had been commingled with fabric that was 30% wool and 70% cotton. Because Major did not have any additional 50% wool fabric, it decided to send the shipment to Bell as an accommodation. The goods were shipped and, later the same day, Major wired Bell its apology, informing Bell of the facts and indicating that the 5,000 yards of 30% wool would be priced at $2 a yard less. The carrier delivering the goods was destroyed on the way to Bell. Who bears the risk of loss?;6.;A. Major, because the order was not a signed writing.;B. Bell, because Bell has title to the goods.;C. Major, because it shipped goods that failed to conform to the contract.;D. Bell, if the shipping terms were FOB Bell?s place of business.;On November 1, Yost sent a telegram to Zen offering to sell a rare vase. The offer required that Zen?s acceptance telegram be sent on or before 5:00 p.m. on November 2. On November 2, at 3:00 p.m., Zen sent an acceptance by overnight mail. It did not reach Yost until November 5. Yost refused to complete the sale to Zen. Is there an enforceable contract?;8.;A. Yes, because the acceptance was effective when sent.;B. No, because the offer required receipt of the acceptance within the time specified.;C. No, because Zen did not accept by telegram.;D. Yes, because the acceptance was made within the time specified.


Paper#35322 | Written in 18-Jul-2015

Price : $37