Quote:
Originally Posted by Peter_Spaeth
SO, I still think the deal at issue, and the one in Eric's example, is just a shipment contract where risk of loss passed to the buyer.
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Nope. There is no written contract here (not a big assumption). This is a "merchant transaction", look it up in the UCC Code you referenced earlier. Therefore risk does not transfer until received by buyer.
Also, common sense tells us that if it was FOB shipping point that there would mail delivery chaos since anyone could pretend to ship an item that gets lost in transit. That would be the easiest scam in existence.