• Questions #4

Dick, the owner of The Paint Store, ordered several gallon cans of Pure Dark Walnut interior paint from its manufacturer, Paint Products, Inc.Shipment was made on January first.Due to road construction, the shipment was held up for several days.The paint cans endured several days of below freezing temperatures and the paint was thus damaged.Upon arrival at The Paint Store, Dick received the shipment and the shipping papers.He realized the paint was damaged.The shipping papers correctly identified the paint sent as Pure Medium Walnut.The method of shipment was never agreed to by the parties.

Required:

Who is responsible for the loss?Why?