A contract between Pacific Import Company in Seattle and Atlantic Coast Retail Corporation in Baltimore does not expressly state which party bears the risk of loss but says only that Pacific Import is "to ship goods at the seller's expense.". At what point does the risk of loss of the goods pass from the seller to the buyer?


All contracts are as¬sumed to be shipment contracts unless they state otherwise. Thus, in this question, the risk of loss passes when Pacific Import (the seller) puts the goods into a carrier's hands. This is the same result as if delivery were expressly stated to be "F.O.B. Seattle.". For the risk of loss to remain with a seller beyond this point, the seller must expressly agree, for example, to deliver goods to a particular destina¬tion. Thus, if delivery were "F.O.B. Baltimore," the risk would pass when the goods would ar¬rive in Baltimore.

Business

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