Question 3

(a) Serena wanted to buy a car as her new job required her to drive often. She walked into Toyotas new car lot, pointed to a specific car, and said, "I'll take that one." Clement, a Toyotas agent who managed the car lot, explained that there was a certain amount of pre - delivery preparation that had to take place before the car could be delivered, and that it would be ready for the purchaser two days later. It was agreed that the purchase price would be paid at that time. Explain who bears the risk in the meantime.

(b) Assuming that Serena did not like the colour of the kind of car that she saw at the car lot. She nevertheless paid the purchase price upon an agreement that Toyota Company would deliver to her house the next week, that car, with the colour (red) that she liked. It happened that as the car was being transported for delivery to Serenas house on back of a carrier truck, the carrier-truck was involved in an accident, and the windshield of the new red car broke. Explain who bears the risk of this damage.