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(a)The broccoli is going to be harvested in the following year. Thus, it comprises of future goods.
Since the contract calls for the sale of broccoli that have yet to be planted and harvested in accordance with the contract, identification of the goods would occur when the broccoli is shipped, marked, or otherwise designated by Glen for delivery to Mendoza.
(b)The sales contract specified F.O.B. Willow Glen's field by Falcon Trucking. F.O.B. stands for "free on board" implying a shipment contract.
A shipment contract requires the seller to ship the goods to the buyer by carrier. The seller is relieved from the liability for the goods once they are delivered to the carrier, and the title passes to the buyer at the time and place of shipment by the carrier.
(c)There was a shipment contract between Mendoza and Willow. Once the goods are delivered to the carrier, the risk of loss passes on to the buyer.
Since the Falcons truck overturned during the transit, the risk of the spilled load would be borne by Mendoza.
(d)The goods received by Mendoza did not meet the requirements of the goods. The contract required her to receive FreshBest Broccoli, but she received FamilyPac broccoli instead. That is, the shipment delivered to Mendoza comprises goods that were sufficiently non-conforming.
Since Mendoza refuses to accept the broccoli, risk of loss would be suffered by Willow.
In a case when the goods are kept by the seller for being picked up, the documents of title generally are not used. In a case when the seller is actually a merchant, goods that are at a risk of being lost that have been held by the seller will be passed on to the buyer when the physical control of the goods has been transferred to the buyer. Precisely it means that the risk is borne by the merchant completely in between of the time period when the formulation of the contract has taken place and till the time the goods are received by the buyer. The risk of loss is borne by the seller until the particular person makes the goods accessible to the buyer and then informs the buyer that the goods are ready for being picked up. When concerned with the lease the risk concerning the loss will actually get passed on to the lessee on the receipt of the lessee of the good in a case where the merchant is actually a lessor. If not this then the risk gets passed on to the lessee on the delivery.