Identifying the Facts and Issues Under the Uniform Commercial Code (UCC), before the title and risk of loss pass from the seller to the buyer, the goods must and must The Granger peas in existence and identified to the contract. This is true because , and the contract was formed when Title to the peas when the contract was formed because Mickey and Hermann's Farm when title and risk of loss would pass. When there is no agreement about the transfer of title and risk of loss, the courts will look to the the contract. This contract addressed shipment as These terms indicate that this contract is a contract. Under this type of contract, risk of loss should have passed to the buyer, Mickey