Note from Professor:
UCC 2-509 is the section of the Uniform Commercial Code that provides the UCC’s approach to impossibility. Please read UCC 2-509 after you read Paradine v. Jane, Taylor v. Caldwell, and Gene Autry v. Republic Productions.
This case has been edited by the professor. If you would like to view the full case, you may do so on Westlaw.
Don’t brief UCC 2-509, but do answer these questions:
(A) Under item (a) of subsection (1), when does the risk of loss shift from the seller to the buyer?
(B) Under item (b) of subsection (1), when does the risk of loss shift from the seller to the buyer?
(C) What is meant by “bailee”, referred to in subsection (2)?
(D) What is meant by “non-negotiable document of title”, referred to in item (c) of subsection (2)?
(E) What is the effect of subsection (4)?
(1) Where the contract requires or authorizes the seller to ship the goods by carrier
(a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2-505); but
(b) if it does require him to deliver them at a particular destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered as to enable the buyer to take delivery.
(2) Where the goods are held by a bailee to be delivered without being moved, the risk of loss passes to the buyer
(a) on his receipt of a negotiable document of title covering the goods; or
(b) on acknowledgment by the bailee of the buyer's right to possession of the goods; or
(c) after his receipt of a non-negotiable document of title or other written direction to deliver, as provided in subsection (4)(b) of Section 2-503.
(3) In any case not within subsection (1) or (2), the risk of loss passes to the buyer on his receipt of the goods if the seller is a merchant; otherwise the risk passes to the buyer on tender of delivery.
(4) The provisions of this section are subject to contrary agreement of the parties and to the provisions of this Article on sale on approval (Section 2-327) and on effect of breach on risk of loss (Section 2-510).
This material was reprinted from Westlaw with permission of Thomson Reuters.