Legal Question in Business Law in Massachusetts
Eberhard Manufacturing Company sold goods to Brown Industrial Sales Company without agreeing on who would bear the risk of loss. The contract contained no f.o.b terms. Eberhard placed the goods on board a common carrier with instructions to deliver them to Brown. The goods were lost in transit. Who suffered the loss, Eberhard or Brown? Why? Eberhard Mfg. Co. V. Brown, 232 N. W.2d 378 (MI).
Asked on 4/21/13, 6:18 pm
1 Answer from Attorneys
This appears to a question for a business law (college or B school) or contracts class in law school. I do not do homework for anyone other than my daughter and since she is pre-med, I can't help her.
However, you need to read UCC-2. Look to the Purchasen Orders and the industry custom.
Read and disect the case and then shepardize it.
Good Luck
Answered on 4/22/13, 5:55 am