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Sally agrees to sell a used sofa to Benny for $700. Benny pays, and Sally tells

ID: 2552454 • Letter: S

Question

Sally agrees to sell a used sofa to Benny for $700. Benny pays, and Sally tells him to come over and pick up the sofa on Saturday. Due to his work schedule, Benny waits until Monday to pick up the sofa. Meanwhile, the sofa is stolen from Sally's home on Saturday night. Who bears the loss?  Assume we have neither a shipment nor destination contract and that Sally has never sold a sofa before.

Both Sally & Benny

Sally

Benny

Neither Sally nor Ben

A.

Both Sally & Benny

B.

Sally

C.

Benny

D.

Neither Sally nor Ben

Explanation / Answer

Answer will be B Sally

As there is no risk transfer since neither a shipment nor destination contract exist between sally and benny, So it will not be considered as sale and loss will be borne by Sally.

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