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<p>[QUOTE=&quot;NPCoin, post: 651308, member: 5629&quot;]For background to this reply, refer to the <a href="http://www.law.cornell.edu/ucc/ucc.table.html" target="_blank" class="externalLink ProxyLink" data-proxy-href="http://www.law.cornell.edu/ucc/ucc.table.html" rel="nofollow">Uniform Commercial Code</a>, (Article 2)&nbsp; § 2-210;§ 2-326;§ 2-601</p><p><br /></p><p>The store clerk would not necessarily be considered a carrier, so much as a delegate of the seller under Part 2 of the Article, and as such, the seller is not relieved of his obligation to the buyer.&nbsp; Furthermore, a counter sale would be considered a sale on approval under Part 3 of the Article, if I am not mistaken, and thus the risk of loss would not pass to the buyer until acceptance, as there are no other special provisions or performances contracted in the sale providing otherwise.</p><p><br /></p><p>Therefore, in accordance with Part 6 of the Article, you as the buyer have the right to also refuse delivery for breach, as the good is now materially nonconforming to the sale.</p><p><br /></p><p>However, the issue under discussion here is completely different.&nbsp; Here, we are talking about contracts with specific provisions for performance.&nbsp; Each party has their specific duties as outlined in the contract for sale.&nbsp; And, depending on the wording in the contract, as well as the seller&#039;s conduct in the tendering of goods to the buyer, risk of loss can swing either way.&nbsp; It all depends on the contract in question.</p><p><br /></p><p>I would still like to see some citations from both or either side of the discussion before continuing further.&nbsp; One of our more insightful numismatists here has a tagline:&nbsp; &quot;knowledge ..... share it&quot;</p><p><br /></p><p>Let&#039;s do that and share some actual and truthful information.&nbsp; Opinions are great, because everyone has one.&nbsp; But, those opinions hold more sway when you have some actual information to back it up, especially when the claim is that the opinion is 100% absolutely correct and truth.[/QUOTE]</p><p><br /></p>

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