Sue bought a painting from Neda, who had inherited it and was not in the business of selling art. Sue gave Neda a check and Neda tendered delivery at the same time. Sue asked if she could pick up the painting later in the day. Through no fault of Neda's, the painting was stolen before Sue returned. What happens to the risk of loss?

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21-02-2020
Business

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Sue bought a painting from Neda, who had inherited it and was not in the business of selling art. Sue gave Neda a check and Neda tendered delivery at the same time. Sue asked if she could pick up the painting later in the day. Through no fault of Neda's, the painting was stolen before Sue returned. What happens to the risk of loss?

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scouteo scouteo · Answer 1 · 2020-02-22T01:43:26+01:00

The correct answer is A) Passed to Sue on Neda's tender of delivery.

The other options of the question were B) Would not pass to Sue until her check cleared. C) Remained with Neda because she was the seller. D) Remained with Neda because Sue had not yet taken possession of the painting.

What happens to the risk of loss is that it passed to Sue on Neda's tender of delivery. We are referring to an important term in the buyer-seller relationship that is when the seller offers products to the client and puts the products wherever the client needs them. So tender of delivery means that the seller has the obligation to deliver the product in the place the client wants, in a safe and prompt way.