What is the difference between the common law and the UCC regarding who carries the risk of loss?
A) Under the common law the seller always carried the risk of loss, but under the UCC it varies depending on the circumstances.
B) Under the common law whoever held title carried the risk of loss, but under the UCC it varies depending on the circumstances.
C) Under the common law the buyer always carried the risk of loss, but under the UCC it varies depending on the circumstances.
D) Under the common law only a party who fails to insure the goods carries the risk of loss, but under the UCC both parties carry the risk of loss.
E) There is no difference, under both the common law and UCC whoever holds title to the goods, also carries the risk of loss.

Question

Quizplus · Accepted Answer

Under the common law, whoever held title to the goods, also carried the risk of loss. However, under the UCC, the risk of loss varies depending on the circumstances, including whether or not the goods have been identified, the terms of the contract, and whether or not the parties have agreed to allocate the risk of loss in a certain way. So, the UCC offers more flexibility in terms of determining who carries the risk of loss.

What Is the Difference Between the Common Law and the UCC