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Question
Josh's Futbol World orders 500 U.S.A. replica soccer jerseys from Victory Apparel, a sports apparel manufacturer. The jerseys are to be delivered to Josh's place of business. When the shipment arrives, Josh's discovers that it has received 500 pairs of U.S.A. replica shorts but no jerseys. Before Josh's can notify Victory and return the shorts, a fire destroys Josh's building along with the shipment of shorts.
A. This was a destination contract, and since the shorts were tendered to the destination, Josh's bears risk of loss until they can be returned.
B. This was a destination contract, and the shorts were nonconforming goods, so Victory did not complete performance and retains risk of loss.
C. This was a shipment contract, and Josh's assumed risk of loss when Victory delivered the goods to the carrier.
D. This was a shipment contract, and Victory retained risk of loss until the goods were tendered to Josh's at Josh's establishment.
Answer
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