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The Kimble Motor Company is a used automobile dealership in Kirksville that is the volume leader in used car sales in all of North Missouri.

The Kimble Motor Company is a used automobile dealership in Kirksville that is the volume leader in used car sales in all of North Missouri. Kevin Kimble is the business owner. Scott signs a contract to purchase a used 1999 Ford Escort Wagon for $1,250 and pays the purchase price for the vehicle. Kimble Motor Company employees detail the vehicle and bring it around for Scott to drive it away, but Scott asks Kevin -- can I pick it up tomorrow so I can surprise my wife on our 35th year wedding anniversary?" Kevin says "sure!" Unfortunately, a gang from La Plata steals the car that night and as it turns out nobody has insurance to cover the loss. Who absorbs the loss and why?

A.

Scott must absorb the loss because Kimble Motor Company tendered the vehicle the day before it was stolen by the La Plata gang.

B.

Kimble Motor Company must bear the risk of loss because it failed to include any indication of whether the contract was "F.O.B. Kimble's dealer lot" or "F.O.B. buyer's driveway".

C.

Kimble Motor Company because it is a merchant and, as such, the risk of loss for the vehicle does not pass until there's delivery to the buyer.

D.

Yadier Molina must bear the risk of loss because it is only fair given that he hit a double that scored the winning run for the Cardinals and ruined Professor Templeton's trip to St. Louis.

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