Fenna Bought a Specific Widget from Maurice

question 19

Multiple Choice

Fenna bought a specific widget from Maurice. The total price was $1000. She paid $400 immediately and promised to pay the remainder within one month. Since the widget was a floor model, Maurice agreed to clean and lubricate it for Fenna within one week. Under the terms of the contract, once he had done so, he would leave the widget behind his store and call her to pick it up. The widget was stolen before Fenna acquired possession of it. Which of the following statements is TRUE?

• A) Fenna will bear the burden of the loss if the theft occurred after Maurice had cleaned and lubricated the widget, and after he called her to collect the widget.
• B) If the risk passed to Fenna, she will not be entitled to recover her $400 payment, but she also will not be required to pay the remainder of the price.
• C) Even if property passed to Fenna, the risk of loss must have remained with Maurice until Fenna actually took possession of the widget.
• D) Property did not pass to Fenna unless she paid the remainder of the price to Maurice before the theft occurred.
• E) If property passed to Fenna, Maurice should use the remedy of repossession to demand payment of the remainder of the price.

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