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Otto is buying a used truck from Abraham for his company. Otto gives Abraham a down...

Otto is buying a used truck from Abraham for his company. Otto gives Abraham a down payment and will pick up the truck in three days after Abraham has a chance to tune it and clean it. Two days later the truck is stolen out of Abraham’s lot and cannot be recovered. Otto insists Abraham supply him with a similar truck at the agreed price or he will sue for damages. Can Otto prevail?

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Otto can prevail. As it was the responsibility of Abraham, especially after taking a down payment from Otto, to keep his truck safe till he hands over it to the new owner i.e Otto.

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