The British Columbia Business Institute (BCBI), Because of Its Vast

question 113

Multiple Choice

The British Columbia Business Institute (BCBI) , because of its vast purchasing power, arranged a special plan through which its students could purchase new computers at a greatly discounted price. BCBI took orders from a number of students, along with a deposit as an indication of good faith, and then bought that number of computers from A. Pwee Ltd., the manufacturer. When the students came to BCBI with the balance of the purchase price, a specific machine was selected and sold to them using a serial number, and it was then theirs to take away. By Friday afternoon of delivery week, all but three students had picked up their machines. Jackson had stopped by and completed the purchase arrangements, and a particular machine was identified by number as his. But because he was going out of town for the weekend, he arranged to pick it up on Monday. The two others, Pollock and Kline, had not yet showed up. Unfortunately, some time on the weekend, despite due care by BCBI, thieves smashed into the storeroom and stole the final three computers. Identify the true statement about liability for this loss (presuming the thieves cannot be caught) .

• A) BCBI will be liable for the entire loss because none of the three students had taken actual delivery.
• B) BCBI will be liable to Jackson but not to Pollock and Kline.
• C) The three students will be liable entirely for the losses.
• D) Jackson will be liable for the loss but Pollock and Kline will not.
• E) No one will be liable for the loss because this was a crime and not the fault of any of them.

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