Thursday, September 12, 2019

Who is liable under a Shipment or Destination Contract Assignment

Who is liable under a Shipment or Destination Contract - Assignment Example As it is with most contracts involving the transportation of goods, contracts are presumed to be shipment contracts unless stated (McNett, 2005). In the scenario provided; therefore, the contract involved is a shipment contract. Shipment contract is a type of business contract whereby the tender of performance is reached at the time when goods are surrendered to the carrier, which is then responsible for delivery of the goods to the owner. However, the buyer remains responsible for the goods as the owner immediately the seller surrenders the goods to the carrier. Under the  destination contacts, the seller of the goods tenders the  goods  to the carrier, who is then  responsible for the delivery the goods to the buyer.  However, the buyer is neither responsible for any damage or loss of goods nor the owner of the goods until the carrier directly delivers the goods to the buyer (Beatty, Bredeson and Samuelson, 2013). In  the situation  therefore, it is  identified  that  the  person responsible for the loss of the computer in the scenario  is me the buyer  and not Dell Computers, Inc., as the charge that had been taken from my credit card only included the purchase of the computer and not shipment costs as the contract could have stated that so. In order to answer to the question accurately, one requires more information pertaining to the terms in the contract between Dell Computers, Inc. and I. Since such information is not available, the conclusion remains that Dell Computers, Inc. was only responsible for the loss of the computer until it rendered them to the carrier for the delivery to me. I would, therefore, remain fully responsible for the goods from the time Dell Computers, Inc. delivered the computer to the carrier. Additionally, information pertaining to the agreement between the types of contract involved is also essential in determining the person

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