The defendant agreed to sell watches to the buyer in Mexico. A notation was prin

Question

The defendant agreed to sell watches to the buyer in Mexico. A notation was printed at the bottom of the contract that, translated into English, reads as follows: “Please send the merchandise in cardboard boxes duly strapped with metal bands via air parcel post to Chetumal. Documents to Banco de Commercio De Quintana Roo S.A.” There were no provisions in the contract that specifically allocated the risk of loss on the goods sold while in the possession of the carrier. When the goods were lost in transit, the buyer sued for a refund of his purchase price. Judgment was entered for the defendant, and the buyer appealed. Judgment for whom, and why? Was this a shipment or destination contract? When or where did the risk of loss pass? Pestana v. Karinol Corp., 367 So. 2d 1096 (Fla. Dist. Ct. App. 1979).

Explanation / Answer

When the goods were lost in the transit, the buyer sued for the refund of his purchase price.when the buyer purchase the goods from any merchandiser, the ownership of the goods were passed to the buyer at the moment when he get the goods delivered at their place.

In this case,the buyer could not get the goods delivered as the goods were lost during transit. The risk of loss of goods during transit comes under the responsibility of merchandiser,there is no need to undertake any written agreement upon this.its well known fact that whatever the goods ordered by the buyer does not holds the ownership of buyer untill he receive the good.

So the judgement should be made against to the merchandiser to make the appropriate refund to the buyer for the loss because the buyer was not holds the liability of transit or delivery of goods.he pay the amount for the goods to be delivered to them safely.it is the responsibility of merchandiser to deliver the goods safely and securely to the buyer. All the risk associated with the goods are always under the liability of merchandiser.

This was the destination contract because the contract was made with the merchandiser who sell watches.It was asked by the buyer in the contract to pack the order in a well mannered cardboard boxes duly strapped with the metal bands via air parcel post.

The risk of loss passed during the transition.

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