Jason Orders One Hundred Remote-Controlled Toy Cars from RyBy Toys

question 48

Multiple Choice

Jason orders one hundred remote-controlled toy cars from RyBy Toys. In the contract, it is stipulated that RyBy Toys will transport the toy cars via FlyByNight, a national carrier service. RyBy Toys makes the arrangements and hands over the toys to FlyByNight without the remote-controllers. In the event that the goods are destroyed in transit, which of the following parties would bear the risk of loss as per the sales contract?

• A) Jason would bear the risk of loss irrespective of the fate of the goods.
• B) FlyByNight would bear the risk of loss as they had the responsibility to deliver the goods.
• C) RyBy Toys would bear the risk as they shipped nonconforming goods.
• D) The risk of loss would be shared between RyBy Toys and Jason.