| Front | Risk of loss for sale of goods |
|---|---|
| Back | 1) Agreement controls if parties have dealt with the risk. 2) If not, ask whether either party has breached (even unrelated part of the contract). Breaching party bears the risk of loss. 3) If no breach, and the goods are being shipped: Shipment contract: buyer has the risk Destination contract: seller has the risk 4) In all other cases: If seller is a merchant: seller has the risk. Otherwise, buyer has the risk. |
Tags: contracts
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