Under the Uniform Commercial Code $($UCC$),$ before the title and risk of loss pass from the seller to the buyer, the goods must

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and must

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$.$ The Granger peas

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in existence and

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identified to the contract. This is true because

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$,$ and the contract was formed when

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$.$

Assessment question

Title to the peas

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when the contract was formed because

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$.$ Mickey and Hermann$$s Farm

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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

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in the contract.

Assessment question

This contract addressed shipment as

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$.$ These terms indicate that this contract is a

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contract. Under this type of contract, risk of loss should have passed to the buyer, Mickey,

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$.$

Assessment question

The peas were destroyed

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$,$ so

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had the risk of loss.

Assessment question

What If the Facts Were Different?

Assume that instead of a fire destroying the peas, the peas were stolen from the locked facility the night before they were picked up by the carrier.

The contract would be a

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contract. Under this contract, Hermann$$s Farm would be required to deliver the goods to

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before risk of loss passes. The peas were destroyed

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they were delivered, so the risk of loss in this situation is with

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$.$