California Business Practice- April 2014

Wednesday, October 14, 2009

Answers to in-class group assignment- UCC Passage of Title and Risk of Loss

UCC Passage of Title and Risk of Loss

Type of Delivery

Title Passes

Risk of Loss Passes

"Carrier Cases" = seller to deliver goods using a common carrier

"Shipment" = delivery to carrier at Seller's place of business

Shipment = Title passes when seller properly completes physical delivery to carrier

Same as Title

"Destination"= delivery by seller to some remote location

Destination = Title passes when goods are physically delivered to the location required (by seller or agent)

Same as Title

"Bailee Cases" = goods sold are in possession of a bailee and seller has no obligation to deliver

Negotiable Document of Title

Title to goods passes with document. Own document = own goods

Same as Title

Non-negotiable Document of Title

Title to goods passes with document.

When: (1) Buyer has the document, and (2) a reasonable time to present document passes
OR as below

No document of title

When contract is made, or goods are identified to the contract, whichever is later

When Bailee acknowledges Buyer's right to the goods

All Other Situations

Title passes when contract is made or goods are identified to the contract, whichever is later

If Seller is a "merchant" = Risk passes on physical receipt by the Buyer (wherever)
If Seller is NOT a "merchant" = Risk passes when delivery "tendered" to the Buyer (wherever)

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