Question
Use these facts for question 9 and 10 TJ Maxx is a retail store that sells dishes and glassware in the ordinary course of business.
Use these facts for question 9 and 10
TJ Maxx is a retail store that sells dishes and glassware in the ordinary course of business. The local TJ Maxx store has a crystal bowl on sale for $300. While shopping at the local store, Jay saw the bowl and decided to purchase it as a gift for a friend's wedding anniversary. Jay paid the clerk at the checkout and was given a receipt. The clerk asked Jay if Jay wanted to carry the bowl or have her put it in a shopping bag. Jay chose to have the clerk put it in the bag. As the clerk was putting the bowl into the bag, she was accidentally bumped by another store associate and she dropped the bowl. The bowl was destroyed.
(9) who had title to the bowl when it was dropped by the store clerk and was destroyed?
(a) TJ Maxx because Jay had not yet taken actual possession of the bowl
(b) Jay because he was offered possession of the bowl before it was dropped and destroyed
(c) Jay because he had paid for the bowl and received a receipt from the clerk
(d) none of the above
(10) Who had the risk of loss for damage or destruction of the bowl when it was dropped by the clerk and destroyed?
(a) TJ Maxx because Jay had not yet taken actual possession of the bowl
(b) Jay because he was offered possession of the bowl before it was dropped and destroyed
(c) Jay because he had paid for the bowl and received a receipt from the clerk
(d) none of the above
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