Contracts and Sales Multistate Bar Practice Exam

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What are a seller's duties under a shipment contract?

  1. Use the most expensive carrier

  2. Notify the buyer only if there is a delay

  3. Make reasonable contact with the carrier

  4. Wait until the buyer pays before shipping

The correct answer is: Make reasonable contact with the carrier

In a shipment contract, the seller's primary duty is to make reasonable contact with the carrier to ensure that the goods are transported to the buyer. This involves making arrangements for the shipment, preparing the goods for transport, and providing any necessary documentation. The seller must also ensure that the goods are delivered in a timely manner, which typically includes choosing a carrier that is reliable and meets the needs of the shipment. The correct choice reflects the seller's obligation to care for the logistics of shipping, which is an essential part of a shipment contract. These duties do not involve using the most expensive carrier, as cost-effectiveness is generally a consideration, but not a requirement. Similarly, notifying the buyer only if there is a delay would not fulfill the obligation to keep the buyer informed about the shipping process and could result in misunderstandings. Lastly, waiting for payment before shipping contradicts the nature of a shipment contract, where the seller is expected to proceed with the shipping regardless of whether payment has been received at that moment.