Asked by Josie Pagnucco on Apr 26, 2024

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Ross Plants Wholesalers contracts with Bi-Mart,Inc.for the sale of 24 pallets of fresh herbs and shrubs,to be delivered FOB to Bi-Mart in Emmett,Idaho.The 24 pallets are identified and put on a receiving dock.Before the shipper,EXpress Trucking,can pick them up and sign appropriate documentation,a fire destroys the plants causing a total loss.In this case,Ross Plants bears the risk of loss.

FOB

Free on Board; a contractual term indicating that the seller assumes responsibility for the goods until they are loaded onto a transport vessel.

Risk of Loss

The responsibility for damage or destruction to goods, typically determining who bears the cost when property is damaged during a transaction or transportation.

Total Loss

A situation in which property is so extensively damaged that repair is not reasonable and it's considered a complete write-off.

  • Learn the mechanism of risk of loss transmission in a commercial exchange.
  • Distinguish between the legal concepts of title, risk of loss, and insurable interest.
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RE
Roosevelt EmileApr 28, 2024
Final Answer :
False
Explanation :
In a contract involving goods to be delivered FOB (Free On Board) the buyer's location, the risk of loss passes to the buyer when the goods are delivered to the carrier, not when they reach the buyer. Since the goods were destroyed before being picked up by the carrier, Ross Plants still bears the risk of loss.