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Mighty Manufacturing (MM) entered into a contract to manufacture 100 custom pieces of furniture for Destiny Designs (DD). The contract stated Custom furniture, 100 pieces,

Mighty Manufacturing (MM) entered into a contract to manufacture 100 custom pieces of furniture for Destiny Designs (DD). The contract stated Custom furniture, 100 pieces, shipped FOB destination. If there is a windstorm after the truck has left the city where MM is located and the truck overturns and the furniture is destroyed, which party bears the risk of loss under the UCC?

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  • The UCC does not address this issue, as this is a contract governed by the common law.

  • MM bears the risk of loss.

  • MM and DD bear the risk equally.

  • DD bears the risk of loss.

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