Question
Larry, a merchant seller, contracted with Simon to buy welding equipment. The contract stipulated that Larry would pick up the equipment from Simon's warehouse on
Larry, a merchant seller, contracted with Simon to buy welding equipment. The contract stipulated that Larry would pick up the equipment from Simon's warehouse on the 14th day from the date of the contract. But Larry could not make the pick up on that date and before he could do so on the 15th day, the warehouse was burned down by miscreants. In this situation, who bears the risk of loss of the goods that were to be received by Larry?
A) The risk of loss lies with Larry for delaying the pick up.
B) The risk of loss lies with Simon for not protecting the goods.
C) The risk of loss is equally shared by Larry and Simon.
D) The risk of loss is shifted to the persons responsible for the fire.
Why the answer is B rather than A? For this question, the seller is Simon and I don't know if he is a merchant or not. The merchant seller Larry here is a buyer. How come the risk of loss passed to Simon?
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