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BLAW 480 Cal State University Northridge Spada and Belson Case Brief

 

I’m working on a business law discussion question and need an explanation and answer to help me learn.

Spada, an Oregon corporation, agreed to sell Belson, who operated a business in Chicago, Illinois, two carloads of potatoes at “$4.40 per sack, FOB Oregon shipping point.” Spada had the potatoes put aboard the railroad cars; however, he did not have floor racks used in the cars under the potatoes as is customary during winter months. As a result, there was no warm air circulating and the potatoes were frozen while in transit. Spada claims that his obligations ended with the delivery to the carrier and the risk of loss was on Belson.

What argument would you make for Belson? Please respond fully (at least 9 sentences) in IRAC FORMAT.