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the seller delivered goods to a New Orleans dock as delivery to the common carrier for...

the seller delivered goods to a New Orleans dock as delivery to the common carrier for shipment via steam ship to the buyer in Seattle. as the goods were being loaded, a fire broke out, destroying the goods on the dock. did delivery to the dock alone, but before loading on the ship, constitute delivery to the common carrier and thus effect a shift in risk of loss and tittle?

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Answer #1

This actually depends on the mutually agreed terms and conditions between the buyer, seller and the shipper.

If the responsibility of loading the goods lies with the seller then there is no shift in the risk of loss and title and thus the risk in this case has to be borne by the seller.If however, the agreed terms state that the loading of the goods on the ship is the responsibility of the shipper then delivery to the dock alone will constitute delivery to the common carrier and thus bring in effect a shift in risk of loss and title.

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