QUESTION

When does possession pass from seller to buyer when an item is shipped?a) upon drop-off at door step.or b) upon buyer picking up from doorstep.

Asked on Oct 01st, 2020 on Business Law - Arizona
More details to this question:
With stolen packages on rise, I just want to know when seller liability ends. is doorstep sufficient or does buyer need to physically receive before seller off the hook?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The answer depends on what the contract provides.  If the contract is silent, it sepends on whether the seller is a merchant (in which case risk of loss passes when the buyer takes physical possession of the goods) or not (in which case risk of loss passes when the seller tenders the goods to the buyer, which would certainly not be later than when the goods are delievered to the buyer's doorstep).
Answered on Oct 01st, 2020 at 1:13 PM

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