"In December, Mendoza agreed to buy the broccoli grown on one
hundred acres of Willow Glen’s one-thousand-acre broccoli farm. The
sales contract specified F.O.B. Willow Glen’s field by Falcon
Trucking. The broccoli was to be planted in February and harvested
in March of the following year. Using the information presented in
the chapter, answer the following questions.
At what point is a crop of broccoli identified to the contract
under the Uniform Commercial Code? Why is identification
significant?
When does title to the broccoli pass from Willow Glen to Mendoza
under the contract terms? Why?
Suppose that while in transit, Falcon’s truck overturns and
spills the entire load. Who bears the loss, Mendoza or Willow
Glen?
Suppose that instead of buying fresh broccoli, Mendoza
contracted with Willow Glen to purchase one thousand cases of
frozen broccoli from Willow Glen’s processing plant. The highest
grade of broccoli is packaged under the “FreshBest” label, and
everything else is packaged under the “FamilyPac” label. Further
suppose that although the contract specified that Mendoza was to
receive FreshBest broccoli, Falcon Trucking delivered FamilyPac
broccoli to Mendoza. If Mendoza refuses to accept the broccoli, who
bears the loss?
Debate This
The distinction between shipment and destination contracts for the
purpose of deciding who will bear the risk of loss should be
eliminated in favor of a rule that always requires the buyer to
obtain insurance for the goods being shipped."
"In December, Mendoza agreed to buy the broccoli grown on one hundred acres of Willow Glen’s one-thousand-acre broccoli
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