Themis Bar Review Hangout - July 2014 Exam Forum

[j1987]

Can someone explain to me WHY this is a destination contract?

"A new florist placed a written order with a wholesaler for $15,000 worth of fresh flowers. Delivery was to be made to the florist via a national delivery service. Because the florist was a new customer, the wholesaler accepted the order on the condition that he pay $5,000 in advance, and the remaining $10,000 within 20 days of delivery. There was no discussion as to who bore the risk of loss. The wholesaler arranged with a national delivery service to pick up and deliver the flowers to the florist. The delivery service picked up the flowers, but, due to malfunction of the temperature controls on the transporting plane, the flowers were worthless upon arrival. The florist rejected the flowers and notified the wholesaler, who refused to ship other flowers. The wholesaler filed a claim against the florist for the remaining $10,000. The florist counterclaimed for the return of its $5,000 payment to the wholesaler. How should the court rule on these claims?

Rationale: Answer choice B is correct. Where the goods are required to be delivered to a specific place (e.g., the buyer’s place of business) and delivery is to be made by a third-party carrier (i.e., a destination contract), the risk of loss does not pass to the buyer until the goods are tendered to the buyer at the designated place. Since this was a destination contract, the risk of loss remained with the wholesaler because the flowers were destroyed prior to reaching the buyer. Due to the condition of the flowers, the wholesaler failed to make a perfect tender, and the florist had the option to reject the goods. Consequently, the florist is entitled to a return of its $5,000 payment. When the wholesaler refused to ship other goods despite notification of the florist’s rejection, the florist could seek a return of his payment. Answer choice A is incorrect because, although a shipment contract (i.e., a contract that requires the seller to deliver the goods to a third-party carrier rather than the buyer) is the default type of contract, the parties are free to specify the place of delivery. In this case, the parties entered into a destination contract specifying the local florist as the delivery location. As a consequence, the risk of loss did not pass to the local florist. Answer choice C is incorrect because, although the loss of the flowers was not due to the fault of either party, the risk of loss is not shared in such case. Answer choice D is incorrect because payment, in part or full, by the buyer of the purchase price does not shift any portion of risk of loss to the buyer."

Literally explain it to me as if I am an invalid because I have been staring at this question for 20 minutes, and I still don't get it. I get the difference between a shipment and a destination contract, but I don't get why it is a destination contract in this particular question.

does it have to do with the fact that the merchandise was picked up by a common carrier as opposed to dropped off at a common carrier? I think i'm burnt out..

[Tanicius]

I got burned by that very question a few weeks back. The reason it is a delivery contract is because of the wording "to the florist." That means it must be delivered to the florist's place of business and not just the shipping center in the florist's city. It is thus a delivery contract.

[j1987]

I got burned by that very question a few weeks back. The reason it is a delivery contract is because of the wording "to the florist." That means it must be delivered to the florist's place of business and not just the shipping center in the florist's city. It is thus a delivery contract.

So if this was a shipment contract, what would it have said? I guess I'm getting hung up on the fact that when you're shipping goods, you always specify a destination...

[Tanicius]

I got burned by that very question a few weeks back. The reason it is a delivery contract is because of the wording "to the florist." That means it must be delivered to the florist's place of business and not just the shipping center in the florist's city. It is thus a delivery contract.

So if this was a shipment contract, what would it have said? I guess I'm getting hung up on the fact that when you're shipping goods, you always specify a destination...

It wouldn't have said a location at all. If the fact pattern specifies a person or location it's going to besides a general harbor or warehouse, it's a delivery contract.

It's stupid, I know, because all shipments require a destination to be specified. You can't just go to FedEx and say "Here's my load of tuna. My business friend Creg is buying it from me. You know what to do!"

[j1987]

I got burned by that very question a few weeks back. The reason it is a delivery contract is because of the wording "to the florist." That means it must be delivered to the florist's place of business and not just the shipping center in the florist's city. It is thus a delivery contract.

So if this was a shipment contract, what would it have said? I guess I'm getting hung up on the fact that when you're shipping goods, you always specify a destination...

It wouldn't have said a location at all. If the fact pattern specifies a person or location it's going to besides a general harbor or warehouse, it's a delivery contract.

It's stupid, I know, because all shipments require a destination to be specified. You can't just go to FedEx and say "Here's my load of tuna. My business friend Creg is buying it from me. You know what to do!"

Okay - (sorry..), so if it had not given a location or a person, it would've been a shipment contract? So, if I see a person or location, I should just assume it's destination? I probably shouldn't be belaboring this at this point.. I'm sure this isn't going to be a huge part of the exam. I'm just super frustrated that I don't get it.

[Tanicius]

Okay - (sorry..), so if it had not given a location or a person, it would've been a shipment contract? So, if I see a person or location, I should just assume it's destination? I probably shouldn't be belaboring this at this point.. I'm sure this isn't going to be a huge part of the exam. I'm just super frustrated that I don't get it.

Look for name/location with a "to..." in front of it. At that point, it's probably going to be a delivery contract. The only exception is if it says to a warehouse or harbor, in which case it's probably a shipment contract.

[Kiwi917]

Okay - (sorry..), so if it had not given a location or a person, it would've been a shipment contract? So, if I see a person or location, I should just assume it's destination? I probably shouldn't be belaboring this at this point.. I'm sure this isn't going to be a huge part of the exam. I'm just super frustrated that I don't get it.

Look for name/location with a "to..." in front of it. At that point, it's probably going to be a delivery contract. The only exception is if it says to a warehouse or harbor, in which case it's probably a shipment contract.

Another thing to look out for is FOB / free on board. If it says FOB followed by the seller's place of business or city, then it is a shipment contract. FOB + anywhere else and it is probably a destination contract.

For example, I got a question that described a shipment contract like this: "In a written contract, a designer agreed to deliver to a buyer 25 described fur coats at $1,000 each F.O.B. the designer's place of business." Sneaky wording because they use the word "deliver."

[Shane]

Are these graded essays graded easier or harder than the real exam? I can't seem to score higher than the average score.

[Shane]

.

[iLoveFruits&Veggies]

Considering buying that "anti-social" software for 15 bucks. It locks you out of facebook and twitter. You'd think I'd have more discipline by now, but it's just so hard when everything is one click away from online bar review stuff... I keep dilly-dallying. I think I'm finally seeing the one positive benefit of in-person bar review programs.

[094320]

..

[iLoveFruits&Veggies]

Considering buying that "anti-social" software for 15 bucks. It locks you out of facebook and twitter. You'd think I'd have more discipline by now, but it's just so hard when everything is one click away from online bar review stuff... I keep dilly-dallying. I think I'm finally seeing the one positive benefit of in-person bar review programs.

There are def. apps like that that are free.

Yes! Thanks! My friend just sent me a link for one called "cold turkey" for PCs and on there they referred me to "self control" for Macs, which is what I'm using. Hurray! Free is always a good thing! Especially since we've all spent SO much money on bar review stuff and the exam itself! I'm going to check it out tonight!

[Tanicius]

Considering buying that "anti-social" software for 15 bucks. It locks you out of facebook and twitter. You'd think I'd have more discipline by now, but it's just so hard when everything is one click away from online bar review stuff... I keep dilly-dallying. I think I'm finally seeing the one positive benefit of in-person bar review programs.

I gave my password for everything except TLS to my SO. She deactivated my Facebook and I haven't used it in 40+ days. It's been very positive.

Problem for me is I used TLS as the crutch in a New York minute. I justify TLS because of this thread, but probably shouldn't.

[iLoveFruits&Veggies]

Considering buying that "anti-social" software for 15 bucks. It locks you out of facebook and twitter. You'd think I'd have more discipline by now, but it's just so hard when everything is one click away from online bar review stuff... I keep dilly-dallying. I think I'm finally seeing the one positive benefit of in-person bar review programs.

I gave my password for everything except TLS to my SO. She deactivated my Facebook and I haven't used it in 40+ days. It's been very positive.

Problem for me is I used TLS as the crutch in a New York minute. I justify TLS because of this thread, but probably shouldn't.

Good thinking. Just walked into the living room and gave my husband my password It had to be done

[Tanicius]

Considering buying that "anti-social" software for 15 bucks. It locks you out of facebook and twitter. You'd think I'd have more discipline by now, but it's just so hard when everything is one click away from online bar review stuff... I keep dilly-dallying. I think I'm finally seeing the one positive benefit of in-person bar review programs.

I gave my password for everything except TLS to my SO. She deactivated my Facebook and I haven't used it in 40+ days. It's been very positive.

Problem for me is I used TLS as the crutch in a New York minute. I justify TLS because of this thread, but probably shouldn't.

Good thinking. Just walked into the living room and gave my husband my password It had to be done

You'll appreciate it. I like Facebook for the friend networking, and I'll re-activate after the bar, but 95% of the time I spend on it will have no benefit to my life and was just used for time-killing.

[SilverE2]

So, I just did MBE Contracts Set 3, and the goal score was 80%. Um...okay. Safe to say I didn't get anywhere close.

[kapital98]

How much attention should I give NY Practice & Procedures? It seems like an utterly daunting task to study. The outline is 140 pages.

[Tanicius]

Still at it with the best evidence rule questions on Milestone #2, I see.

[bport hopeful]

NY Crim prof is sort of foxy.

[Gotti]

NY Crim prof is sort of foxy.

& she's a bawse too...she's being vetted for the Supreme Court apparently. My boyfriend had her for crim at NYU

[bport hopeful]

NY Crim prof is sort of foxy.

& she's a bawse too...she's being vetted for the Supreme Court apparently. My boyfriend had her for crim at NYU

Id have learned nothing.

[kapital98]

NY Crim prof is sort of foxy.

For law professors, she's about as hot as you can get. It was the first time I full-screened my lectures.

[numbertwo88]

I cannot stand how long some of these d@mn questions are.

I do not have the time.

[bport hopeful]

NY Crim prof is sort of foxy.

For law professors, she's about as hot as you can get. It was the first time I full-screened my lectures.

Agreed, shes about has hot as you could hope for. Shes hotter than 90% of my classmates.

[iLoveFruits&Veggies]

So, I just did MBE Contracts Set 3, and the goal score was 80%. Um...okay. Safe to say I didn't get anywhere close.

80%??! Holy Smokes! My scores are weaving all over the place! I'll get in the 60-70% range and then dip back into the 40-50% range in the same subject. Just when I feel confident about something, BOOM. The moment is gone.