Question
Can I ask for the answers and brief explanations for the following questions of this problem? This is from my Law on Agency. Problem #2
Can I ask for the answers and brief explanations for the following questions of this problem? This is from my Law on Agency.
Problem #2
On January 9, 2021 Ms. Shrimp the 1000 sacks of rice to Mr. Sedyoser at a price of Php 1,000 per sack. The rice is located at a warehouse owned by Ms. Shrimp in Panglao Bohol. Ms. Shrimp also has a store located at 123 st. Tagbilaran City, Bohol. Mr. Sedyoser lives in Cebu. The rice may be transported via a ship which is named M/V Lunoron. It has been customary that when parties buys rice from Bohol, the sellers is responsible for placing it at the carrier.
1.) The place of delivery is at:
a. warehouse at Panglao Bohol
b. Store at Tagbilaran
c. M/V Lunoron
d. Cebu
Additional information: To ship goods to Cebu, a bill of lading must be procured. Insurance for the goods shipped is optional but customary.
2.) Ownership of the goods while in transit is:
a. dependent upon the bill of lading
b. Ms. Shrimp
c. Mr. Sedyoser
d. dependent upon the Bill of Exchange
3.) The person who would bear the risk of loss is:
a. dependent upon the bill of lading
b. Ms. Shrimp
c. Mr. Sedyoser
d. dependent upon the Bill of Exchange
4.) Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods, ownership of the goods while in transit is:
a. dependent upon the bill of lading
b. Ms. Shrimp
c. Mr. Sedyoser
d. dependent upon the Bill of Exchange
5.) Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron placing the Bill of Lading under the name of Mr. Sedyoser. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods. The right/s of Ms. Shrimp, when in transit, is if the situation warrants:
a. Right of lien
b. Right of retention
c. Right of Stopping the Goods in Transit
d. a, b and c
6.) Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron placing the Bill of Lading under the name of Mr. Sedyoser. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods. The goods were still not claimed by Mr. Sedyoser on January 10 2021 at the port of Cebu. In the present case if Ms. Shrimp is considered an unpaid seller but not for an unreasonable length of time:
a. She cannot resell the goods for ownership is transferred already to Mr. Sedyoser by virtue of the Bill of Lading
b. She has the right of resale for she is an unpaid seller as the goods are perishable in nature
c. She has the right of resale as she is an unpaid seller and the goods are fungible
d. she cannot resell the goods for although she is an unpaid seller for the goods are not perishable
7.) Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron placing the Bill of Lading under the name of Mr. Sedyoser. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods. The goods were still not claimed by Mr. Sedyoser on January 10 2021 at the port of Cebu. Ms. Shrimp is considered as an unpaid seller by virtue of a dishonored Bill of Exchange. However on January 9, 2021, Mr. Sedyoser already sold the same goods to Ms. Back Beauty in good faith and for value. In the present case:
a. Ms. Back Beauty acquires better right than Ms. Shrimp
b. Ms. Back Beauty acquires better right than Mr. Sedyoser
c. both a and b
d. Ms. Shrimp has better right than Ms. Back Beauty
8.) Ms. Shrimp transmits the goods on January 9, 2021 via M/V Lunoron placing the Bill of Lading under the name of Mr. Sedyoser. Ms. Shrimp did not insure the goods but informed Mr. Sedyoser of the optional insurance of goods. The goods were still not claimed by Mr. Sedyoser on January 10 2021 at the port of Cebu. Ms. Shrimp is considered as an unpaid seller by virtue of a dishonored Bill of Exchange. Mr. Sedyoser is considered to have been in default for unreasonable length of time. Mr. Shrimp exercised her right of resale in a public auction, in the present case:
a. Ms. Shrimp cannot bid on the auction
b. Ms. Shrimp cannot bid on the auction only if she did not inform the other bidders of her intention to bid
c. Ms. Shrimp cannot bid on the auction on her own but may get an agent to bid for her
d. Ms. Shrimp is not only prohibited form bidding but also prohibited from attending at the auction
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