Question

Should a sorority that holds an annual fundraising bake sale be classified as a merchant? What...

  • Should a sorority that holds an annual fundraising bake sale be classified as a merchant?

  • What is the difference between a destination contract and one where the seller uses its own delivery truck to tender the goods to the buyer?
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Answer #1

Answer:

Under destination contract the seller is obligated to:

  • Transport goods to the buyer’s destination
  • Transport at the seller’s own expense
  • Tender the goods at the buyer’s destination
  • Assume the risk of loss during transportation

Hence after the carrier has delivered the goods at the buyer’s destination, then the seller is no longer liable.

When seller uses its own delivery truck to tender the goods to the buyer the seller’s obligation is complete:

  • when he passes the goods to the common carrier for delivery.
  • In this situation, if the goods are damage during shipment, the seller is not held responsible.
  • Transport at the Buyer’s own expense
  • Does not assume the risk of loss during transporatation.
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