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

$.$

Assessment question

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

in the contract.

Assessment question

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,

$.$

Assessment question

The peas were destroyed

$,$ so

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

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

before risk of loss passes. The peas were destroyed

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

$.$