In December, Mendoza agreed to buy the broccoli grown on one hundred acres of Willow Glen’s one-thousand-acre broccoli farm. The sales contract specified F.O.B. Willow Glen’s field by Falcon Trucking. The broccoli was to be planted in February and harvested in March of the following year. Using the information presented in the chapter, answer the following questions.
1. At what point is a crop of broccoli identified to the contract under the Uniform Commercial Code? Why is identification significant?
2. When does title to the broccoli pass from Willow Glen to Mendoza under the contract terms? Why?
3. Suppose that while in transit, Falcon’s truck overturns and spills the entire load. Who bears the loss, Mendoza or Willow Glen?
4. Suppose that instead of buying fresh broccoli, Mendoza had contracted with Willow Glen to purchase one thousand cases of frozen broccoli from Willow Glen’s processing plant. The highest grade of broc-coli is packaged under the “FreshBest” label, and everything else is packaged under the “FamilyPac” label. Further suppose that although the contract specified that Mendoza was to receive FreshBest broccoli, Falcon Trucking delivered FamilyPac broccoli to Mendoza. If Mendoza refuses to accept the broccoli, who bears the loss?
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