Essay Flashcards

J, a dealer, sells to L a specific antique violin to be delivered on August 5. On August 5, just before delivery, the violin is destroyed by a warehouse fire that originated in a nearby warehouse’s electrical fault; there is no fault on the part of J. (a) Identify the doctrine governing this situation and state the result for J’s obligation to deliver. (b) If the warehouse fire had been caused by J’s own negligence in storing the violin, what would be the consequence for J’s obligation and liability to L? (c) Suppose L had already paid the purchase price before the destruction; does that affect J’s liability or the extinguishment of the obligation?