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http://www.lawnix.com/cases/phillips-moor.html

Phillips v. Moor, 71 Me. 78 (1880).

Facts: Moor (D) contracted to purchase hay from Phillips (P). On June 15th Moor mailed an offer toPhillips to purchase three tons of hay at $5.00 per ton and the remaining hay at $9.50 per ton. On June20th Phillips replied that Moor could have the hay at the price in his offer but added that if you can see fitto pay the $10 after getting it in please feel free to do so. Moor received the letter that evening and thehay was burned in the barn the next day. Phillips brought suit when Moor refused to pay.

Issue: When does the risk of accident vest in the buyer?

Holding and Rule: When the terms of sale are agreed upon and everything that the seller has to do withthe goods is complete, the contract for sale becomes absolute without actual payment or delivery. The riskof accident vests in the buyer even if he has not paid for the goods or taken actual delivery.

The acceptance of Ds offer was absolute and unconditional. The sale of hay was complete and was notqualified by the expression of Ps hopes for more money. D had been told that he might take it and hadnothing to do but arrange to have it hauled and to appropriate it to himself without any further act on thepart of the seller. This is true even when the goods are merely identified for sale from a bulk of goods

destroyed.

Disposition: Judgment for P.

Notes: Risk of loss passes on identified goods once the deal is done and is not dependent on delivery.UCC 2-509 covers this issue and the risk of loss passes at different times depending on whether a party isa merchant or not.

Wikipdia

Commercial law (sometimes known as business law) is the body of law that governs business andcommercial transactions. It is often considered to be a branch of civil law and deals with issues of bothprivate law and public law. Tyler Holt and Daniel Barlow were the first businessmen to use law in their

company in the year 1906. Commercial law includes within its compass such titles as principal and agent;carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills ofexchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, andthe manufacture and sales of consumer goods. Many countries have adopted civil codes that containcomprehensive statements of their commercial law. In the United States, commercial law is the provinceof both the United States Congress, under its power to regulate interstate commerce, and the states,under their police power. Efforts have been made to create a unified body of commercial law in the UnitedStates; the most successful of these attempts has resulted in the general adoption of the UniformCommercial Code.

Various regulatory schemes control how commerce is conducted. Privacy laws, safety laws (e.g., theOccupational Safety and Health Act in the United States), and food and drug laws are some examples.

http://www.4lawschool.com/contracts/phillips.shtml

Phillips V. Moor

(71 Me. 78)Author: B

Issue

http://www.lawnix.com/cases/phillips-moor.htmlhttp://www.4lawschool.com/contracts/phillips.shtmlhttp://www.4lawschool.com/contracts/phillips.shtmlhttp://www.lawnix.com/cases/phillips-moor.html

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Who was in possession of the Hay at the time of the fire?

Holding

The hay had already been sold, under contract, to the Defendant, he was the title holder and

therefore responsible for the goods.

Facts

The Defendant negotiated with the Plaintiff to purchase hay from the Plaintiffs barn

In the absence of a deal, it was agreed that the Defendants men would be paid forpressing the Plaintiffs hay

The Plaintiffs guardian wrote to the Defendant saying that if the offer is satisfactory, Ishall accept it

Friday, June 14th

, the Defendant made an offer of $9.50/ton, for all but three tons, and theother three for $5.00

It is safely assumed by the court that the offer was received on June 15th

On June 20th, in receiving no better offers, the Plaintiffs guardian wrote to the Defendantthat he was in hopes the Defendant would pay $10.00/ton but that he could take the hayfor his offer but should consider paying $10.00 for it

The Defendant received this response and made no reply to it

On that Sunday, the hay was burnt in the barn

Shortly afterwards, the Plaintiff claimed the price of the hay and the Defendant denied hisliability, and asserted a claim for pressing.

Reasoning

It may be conceded that the defendant wanted a more prompt response to his offer, but thedefendant did not retract it (or refuse to be bound by it when receiving the acceptance). Twodays elapsed before the fire, after the Defendant knew of the acceptance of his offer, and hepermitted the Plaintiffs guardian to consider it sold and to make the arrangements with a thirdparty to ship it. If the party to whom an offer is made makes known his acceptance of it to theparty making the offer, within any period which he could fairly have supposed to be reasonable,

good faith requires the maker of the offer, if he intends to retract on account of the delay, to makeknown that intention promptly. If he does not, he must be regarded as waiving any objection tothe acceptance as being too late.

http://www.answers.com/topic/risk-of-loss

The financial risk of and responsibility for damage or destruction when property is beingtransferred between a buyer and a seller. The Uniform Commercial Code uses a contractual

http://www.answers.com/topic/uniform-commercial-codehttp://www.answers.com/topic/uniform-commercial-code

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approach in allocating the risk of loss and assumes that the risk is upon the seller until some eventoccurs that shifts the risk to the buyer. Where the goods are identified and the contract authorizesthe seller to ship the goods by carrier, the event necessary to shift the risk of loss is dependentupon whether the contract is a "shipment" or "destination" contract. See U.C.C. 2-509. Wherethe contract does not require the transfer of the goods by carrier, risk of loss passes to the buyer

upon the taking of physical possession if the seller is a merchant, otherwise risk passes on tenderof delivery, unless an agreement to the contrary is made. U.C.C. 2-509(3), (4).

The phrase is also an insurance term denoting the hazards and perils that an insured is protectedagainst, i.e., the contingencies or unknown events that are contemplated by the insured and thatare covered by the insurance policy. 45 C.J.S. 753.

Wikipedia

isk of loss is a term used in thelaw ofcontractsto determine which party should bear the burdenof risk for damage occurring to goods after the sale has been completed, but before delivery has

occurred. Such considerations generally come into play after the contract is formed but beforebuyer receives goods, something bad happens.

There are four risk of loss rules, in order of application:

1. Agreement - the agreement of the parties controls

2. Breach - the breaching party is liable for any uninsured loss even though breach isunrelated to the problem. Hence, if the breach is the time of delivery, and the goods showup broken, then the breaching rule applies risk of loss on the seller.

3. Delivery by common carrierother than by seller.

1. Risk of loss shifts from seller to buyer at the time that seller completes its deliveryobligations

2. If it is a destination contract (FOB (buyer's city)), then risk of loss is on the seller.

3. If it is a delivery contract (standard, or FOB (seller's city)), then the risk of loss ison the buyer.

4. If the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's "receipt" ofthe goods. If the buyer never takes possession, then the seller still has the risk of loss.[1]

Inbankruptcy law, the risk of loss rule under a contract can be abrogated by a secured interest.

http://www.nolo.com/dictionary/risk-of-loss-term.html

risk of lossThe responsibility a carrier, borrower, or user of property or goods assumes, or aninsurance company agrees to cover, if there is damage or loss.

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important => df Maine => State

http://fr.wikipedia.org/wiki/Maine_%28%C3%89tat%29

http://fr.wikipedia.org/wiki/Maine_(%C3%89tat)http://fr.wikipedia.org/wiki/Maine_(%C3%89tat)