Business Law-Bende had a contract to sell boots to the governmentof Ghana

QUESTION

Bende had a contract to sell boots to the governmentof Ghana for $158,500. Bende promised to deliverthe boots “as soon as possible.” Bende then contractedwith Kiffe, who agreed to make the boots inKorea and to deliver them in Ghana within 60 to 90days at a price of $95,000. The contract containedno force majeure clause. Kiffe knew that Bende wasgoing to resell the boots. Kiffe failed to deliver theboots on the agreed date because a train carryingthe boots had derailed in Nebraska. Bende broughtthis action against Kiffe for breach of contract.Question: In this case, the risk of damage or loss to theboots while in transit remained with the seller,Kiffe. How would the case differ if the partieshad agreed that Kiffe would merely ship (notdeliver) the goods by a certain date and thatKiffe would bear the risk of loss during transit?

ANSWER:

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