Oceanside Entered into a Contract with the Seller Old Tennessee,for

question 39

Essay

Oceanside entered into a contract with the seller Old Tennessee,for the purchase of $6,431 worth of plants.The terms were sale and delivery C.O.D.with the express provision of "No Risk to Supplier," and a large logo at the top of papers stating:
"NOTICE: ALL SHIPMENTS TRAVEL AT RISK AND COST OF PURCHASER."
The plants were shipped by an experienced truck common carrier.Upon arrival in New York,it appeared as though some plants were in a poor state because of excessive heat.Although the carrier on its own marked the bill of lading to indicate that the temperature in the truck should be 50 degrees,this was not done for at least a portion of the journey.Oceanside rejected the shipment by writing "rejected" on the back of the trucker's bill of lading.However,the plants were retained "on consignment" at Oceanside's premises.There were no other formal written rejections or official notices of breach or defects given by the buyer to seller at any point prior to trial.Discuss who has the risk of loss.

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Definitions:

Large-Scale Unemployment

A situation where a significant portion of the workforce is without jobs, often due to economic downturns or structural economic changes.

Deep Recession

A particularly severe and prolonged period of economic decline, characterized by significant falls in income and employment.

Aggregate Demand

Aggregate demand represents the total demand for goods and services within an economy at a given overall price level and in a given time period.

Aggregate Demand Curve

A curve that shows the relationship between the overall price level in the economy and the total demand for goods and services.