Question: Dubious emailed Major Corp. and ordered 3 , 0 0 0 yards of fabric for an outdoor automobile display tent, first quality, 5 0 %
Dubious emailed Major Corp. and ordered yards of fabric for an outdoor automobile display tent, first quality, nylon and orlon; no shipping terms were expressed. Major accepted the order and prepared the fabric for shipment but discovered that half of the fabric packed had been commingled with fabric that was nylon and orlon. Because Major did not have any additional nylon fabric, it decided to send the shipment to Dubious as an accommodation. The goods were shipped, and later that same day, Major emailed Dubious its apology informing Dubious of the facts and indicating that nylon fabric would be priced at $ a yard, which was less than originally quoted. The goods were destroyed on the way to Dubious business when the carrier crashed. Under the circumstances, who bears the risk of loss?
a Dubious because he has title to the goods.
b Major because the order was not signed in writing.
c Dubious because the contract is construed to be a shipment contract.
d Major because it shipped nonconforming goods.
e None of the options are correct.
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