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MrsSmith,a Nonmerchant,is Moving Out to a Smaller Apartment

Question 23

Multiple Choice

Mrs.Smith,a nonmerchant,is moving out to a smaller apartment.Because of this,she wishes to sell her piano.George,who plans to use the piano in his nightclub,inspects Mrs.Smith's piano and decides to buy it.George pays Mrs.Smith and Mrs.Smith tells George he can take the piano at that moment.George says he needs to borrow his friend's truck before he can remove the piano.Mrs.Smith said that this was fine.That night,the piano is destroyed by fire.George sues to recover his money.Who wins?


A) Mrs. Smith wins. The risk of loss passed to George as soon as the contract was made.
B) Mrs. Smith wins. The risk of loss passed to George when Mrs. Smith said he could take the piano.
C) George wins. The risk of loss does not pass until George takes delivery of the piano.
D) George wins. The risk of loss does not pass until George receives a negotiable warehouse receipt.
E) George wins. The risk of loss stays on Mrs. Smith since the goods were not conforming.

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