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baezlawfirm, Attorney
Category: Business Law
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What are the risk of loss provisions under UCC Article 2

Customer Question

What are the risk of loss provisions under UCC Article 2? What are the remedies for breach of contract under UCC Article 2? Cite the UCC Sections


Jason shipped a truckload of peaches from his orchard to Grocery using an independent trucker. In route, the truck broke down and the shipment was delayed three days. The peaches were spoiled when they arrived. The terms of the contract were F.O.B. Who bears the risk of loss under Article 2 of the UCC? Is there a breach of contract, and, if so, what are Grocery's remedies? Explain your answer. Cite relevant UCC Article 2 Sections
Submitted: 5 years ago.
Category: Business Law
Expert:  baezlawfirm replied 5 years ago.

baezlawfirm :

Are you a law student?

baezlawfirm :

Under article two, FOB the seller bears the risk when FOB is the place of shipment. See section 2-319(a). If it is FOB the place of destination, like wise the seller. See § 2-319(b).

Customer :

I was actually looking for a more detailed response to include the scenario...but thank you