Kanbar Novelties is a wholesaler of costumes and costume accessories in the U.S. Gwen's Barrow is a retail store in Iowa that sells Halloween costumes. Gwen's Barrow placed an order for 75 ninja swords, made of glass, from Kanbar Novelties. Kanbar placed the swords in cardboard boxes and shipped them by railroad, without wrapping them in protective material. Moreover, Kanbar failed to indicate that the box contained fragile goods. As a result, there was no care taken to ensure that the box was handled safely. The box was placed under other heavier goods which crushed the glass swords in the box. Kanbar claimed that its obligations ended with the delivery to the carrier and that the risk of loss was on Gwen's Barrow. What argument would you make in favor of Gwen's Barrow?
What will be an ideal response?
The seller, in the absence of instructions from the buyer, is responsible for using reasonable care and judgment in making shipping arrangements. If the seller does not make a reasonable contract for delivery or notify the buyer and a material delay or loss results, the buyer has the right to reject the shipment. Kanbar Novelties failed to indicate that the box contained fragile goods or take necessary precautions by ensuring that the goods were wrapped in protective material. Reasonable care should have been taken in making shipping arrangements. The failure to do so was a breach of duty by Kanbar Novelties in this scenario. Kanbar Novelties, therefore, is liable for the monetary damages.
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