Jenkins agreed to purchase goods from Smith, F.O.B. Smith’s plant. The goods in Smith’s plant are...

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Jenkins agreed to purchase goods from Smith, F.O.B. Smith’splant. The goods in Smith’s plant are separated and stenciled withJenkins’ name. Jenkins then telephones Smith and repudiates. Thegoods are subsequently destroyed by fire. Assume that Smith had noinsurance on the goods. If Smith sues Jenkins for the purchaseprice, what is the result? Use UCC provisions to support youranswer/analysis. Cite the specific sections of the UCC that supportyour argument.

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In this specific case Smith can sue Jenkins and the section under which Smith can sue Jenkins is section 2510 3 of the UCC or the Uniform Commercial Code This section of UCC deals with effect of breach on risk of loss As per this section in cases in which buyer with regards to the conforming goods has already identified to the contract for sale    See Answer
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Transcribed Image Text

Jenkins agreed to purchase goods from Smith, F.O.B. Smith’splant. The goods in Smith’s plant are separated and stenciled withJenkins’ name. Jenkins then telephones Smith and repudiates. Thegoods are subsequently destroyed by fire. Assume that Smith had noinsurance on the goods. If Smith sues Jenkins for the purchaseprice, what is the result? Use UCC provisions to support youranswer/analysis. Cite the specific sections of the UCC that supportyour argument.

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