Question
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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