Question: Systematic Systems (SS) entered into an agreement with Creative Computing (CC) for CC to deliver 1,000 computer hard drives to SS, FOB SS warehouse. A

Systematic Systems (SS) entered into an agreement with Creative Computing (CC) for CC to deliver 1,000 computer hard drives to SS, FOB SS warehouse. A check for payment will be given on delivery. On the way to make the delivery, the truck was overturned by a tornado. The driver escaped alive, but the hard drives were ruined. Which of the following statements is true?

Multiple Choice

  • This is a shipment contract, and SS bears risk of loss because the hard drives had been set aside and tendered.

  • This is a shipment contract, and CC bears risk of loss.

  • This is a destination contract, and since the goods were never properly tendered, CC bears the risk of loss.

  • This is a destination contract, and because delivery had been initiated, the SS bears the risk of loss.

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