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With a Simple Delivery Contract in Which the Seller Is

Question 75

Multiple Choice

With a simple delivery contract in which the seller is not a merchant,which party sustains the loss if,through no fault of either party,the goods are destroyed through fire prior to delivery to the buyer?


A) The seller,if tender of delivery has occurred
B) The buyer,if tender of delivery has occurred
C) Both the buyer and seller,with the loss being apportioned 50% to the buyer and 50% to the seller
D) Both the buyer and seller,with the loss being apportioned 75% to the buyer and 25% to the seller
E) Both the buyer and seller,with the loss being apportioned 25% to the buyer and 75% to the seller

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