Next Generation Bar Exam Quiz
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CONTRACTS
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Riley Manufacturing sold 500 precision bearings to Delgado Industries for $50,000. The contract provided: "Risk of loss passes to Buyer when Seller delivers conforming goods to the carrier named below. Payment is due net 30 days after Carrier's receipt of goods." Seller delivered conforming bearings to the named carrier, which issued a clean bill of lading. Five days later, before the payment due date, a fire in the carrier's warehouse destroyed the shipment through no fault of either party. Delgado never accepted the goods and refused to pay. Seller sues for the contract price. The jurisdiction has adopted the Uniform Commercial Code.
Section 2-709(1) of the UCC provides: "When the buyer fails to pay the price as it becomes due, the seller may recover, together with any incidental damages, the price of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer."
Which statement best describes Riley's remedy against Delgado?
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