Question: Joe orders 1000 widgets from Widgets-R-Us. Widgets-R-Us delivers the widgets to FedEx for shipment to Joe. The contract is silent as to risk of loss.

Joe orders 1000 widgets from Widgets-R-Us.  Widgets-R-Us delivers the widgets to FedEx for shipment to Joe.  The contract is silent as to risk of loss.  The widgets are destroyed in an accident when the FedEx truck is hit by a train.  As between Widgets-R-Us and Joe, who bears the loss?

Joe because it is deemed a shipment contract

Widgets-R-Us because it is deemed a destination contract

Joe and Widgets-R-Us split the loss equally

none of the above

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