48) Newton orders 14 electric staplers for his office supply store from Home Office Suppliers.
The contract specifies shipping terms as “F.O.B. Home Office Suppliers.” Home Office
Suppliers delivers the goods to Zippy Shippers and invoices Newton. The electric staplers never
arrive, and Newton refuses to pay Home Office Suppliers. Home Office Suppliers sues Newton
for the contract price of the staplers. Who wins?
A) Newton, because it wasn’t his fault that the staplers never arrived.
B) Home Office Suppliers, because they were the last ones to touch the goods.
C) Newton, because in an F.O.B. contract, the risk of loss does not shift to the buyer until the
goods are actually delivered to the buyer.
D) Home Office Suppliers, because in an F.O.B. seller contract, risk of loss shifts to the buyer
when the seller delivers the goods to the carrier.
49) Buyer owns a retail shop in Baltimore. Seller is a manufacturer in San Diego. Buyer orders
from seller to be shipped “F.O.B. San Diego.” Risk of loss passes to the buyer when:
A) the seller delivers the goods to the carrier.
B) the goods are identified to the contract.
C) the contract is made.
D) the goods are delivered to the buyer’s retail shop.
50) “F.O.B. seller” means that:
A) title passes to the buyer when the seller delivers the goods to the buyer.
B) risk of loss transfers to the buyer when the seller delivers the goods to the carrier.
C) the seller pays all shipping and transportation costs.
D) the buyer has both title and risk of loss as soon as the goods are paid for, regardless of their
physical location.