Question

In: Operations Management

Why would a seller concern himself/herself with laws regardingrisk of loss. Why would a seller...

Why would a seller concern himself/herself with laws regarding risk of loss. Why would a seller consider a destination contract rather than a shipment contract?

(minimum of 12 sentences please)

(business law)

Solutions

Expert Solution

✓In business law or law of contract risk of loss determine the parties (buyer or seller), who needs to bear the risk of damaging or loss of the products, before delivery.

A seller must be aware about risk of loss to keep himself away from its liability and burden. He must understand the rulings regarding the shipment and delivery of the goods and ways to insure for decreasing the damage or any loss suring the transit. Seller needs to understand the rules of UCC - uniform commercial code, to abide by the law and to understand the contract agreement. He needs to know rulings on breach of contract, because, if seller breaches it he will be taking the burden of loss.

Seller must know that he will be free from the risk of loss once the delivery is made by another vendor or common carrier. And if he agrees to opt for free on board, or destination contract, he will be liable untill the delivery is made. If a merchant seller sends the goods, the buyer is liable for the loss, unless the he or she receives it.

With these rulings he can minimise the risk of loss and be very considerate about prompt delivery for enhancing the sales and experience.

✓ in a destination contract the seller agrees to deliver the goods to the place specified by the buyer, and is liable for the loss till the delivery is complete.

Shipment contract shifts the risk of loss from seller to the buyer when he passes the goods to the carrier or shipment agency. And the burden falls on buyer.

A seller opt for destination contract when he needs to protect the product and ensure its delivery. When a product is a luxurious good and seller wants to maintain good customer relationship, he chose destination contract. And when the buyer is in the same city or the region where seller operates, it is easy to deliver the goods without any shipment requirements.


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