What if the refrigerator was only partially destroyed

Reference no: EM13192156

Brian contracted to purchase a refrigerator from Big Buy, an electronics retailer. Big Buy agreed to deliver the refrigerator to Brian’s home. The truck delivering the refrigerator is hit by another truck and all of the contents were destroyed. Who bears the risk of loss? What is the
status of the contract? What if the refrigerator was only partially destroyed?

My understanding of the question leads me to believe that until the merchandise is delivered as promised to the consumer, the risk of loss is on the retailer. The contract has not been breached unless the retailer fails to fulfill the contract. This can be done by contacting the consumer and making arrangements to deliver another comparable item at a different date. This gives the consumer the option to accept the remedy offered by the retailer or reject it. The vehicle that hit the delivery truck has no bearing on the validity of the contract. Partial destruction of merchandise confuses me. I'm not sure about that part. I need to be able to cite case law and code to substantiate my opinion. Please point me in the right direction.

Reference no: EM13192156

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