Quote:
Originally Posted by Peter_Spaeth
And your basis for that opinion is what please? The basis for mine is the Uniform Commercial Code, section 2-509. Unless there is a specific provision requiring the seller to deliver at a particular location (a so-called "destination contract"), risk of loss passes to the buyer when the seller delivers to the common carrier.
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I'm assuming the sale had no written contract requiring the use of a common carrier or the use of a third-party entrusted with the possession upon further delivery instructions. Rather, this was an ordinary merchant transaction where risk passes to the buyer upon delivery.
Seller: Thanks for the purchase. What's your address?
Buyer: 123 Main St
Seller: Cool Beans. I'll mail it to you tomorrow.
That's either a "destination contract" or a merchant transaction.