Essay Flashcards

X, a seller, agrees to sell to Y a specific vintage car (a determinate thing) for delivery on June 30. On June 30, before delivery, the car is destroyed by a flood; neither party is at fault. (a) Identify the doctrine governing this situation and state the result for X’s obligation to deliver. (b) If the destruction had been caused by X’s negligence in storing the car (e.g., failure to secure the car in a flood-prone location), what would be the consequence for X’s obligation and liability to Y? (c) Suppose Y had already paid the purchase price before the destruction; does that affect X’s liability or the extinguishment of the obligation?