Forest Running Shoes, a sneaker store, orders three hundred pair of running shoes from Mercury Shoes, Inc. Mercury Shoes has all their sneakers in a warehouse which contains 20,000 pairs of sneakers.  Before Mercury can separate the 300 pairs for Forest, a fire destroys all the shoes in the warehouse.  Absent a contrary agreement between the parties,    a. Forest has no rights in the 300 pairs of shoes because, since the parties didn't place any terms regarding this risk in their written contract, the contract is unenforceable.   b. Forest has rights in the 300 pairs of shoes because identification took place at the time of the contract.   c. Forest has no right in the 300 pairs of shoes because identification has not yet taken place.

Principles Of Marketing
17th Edition
ISBN:9780134492513
Author:Kotler, Philip, Armstrong, Gary (gary M.)
Publisher:Kotler, Philip, Armstrong, Gary (gary M.)
Chapter1: Marketing: Creating Customer Value And Engagement
Section: Chapter Questions
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Forest Running Shoes, a sneaker store, orders three hundred pair of running shoes from Mercury Shoes, Inc. Mercury Shoes has all their sneakers in a warehouse which contains 20,000 pairs of sneakers.  Before Mercury can separate the 300 pairs for Forest, a fire destroys all the shoes in the warehouse.  Absent a contrary agreement between the parties, 
  a.

Forest has no rights in the 300 pairs of shoes because, since the parties didn't place any terms regarding this risk in their written contract, the contract is unenforceable.

  b.

Forest has rights in the 300 pairs of shoes because identification took place at the time of the contract.

  c.

Forest has no right in the 300 pairs of shoes because identification has not yet taken place.

  d.

Forest has no rights in the 300 pairs of shoes because a buyer can never have rights to goods until it is delivered to them.

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