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Phillipa contracts with Cocoa Makers, Inc., for purchase of 50 cases of special cocoa powder. The cocoa powder must be acquired from Cocoa Makers' headquarters in New York. Phillipa's coffee shop, where she will use the cocoa powder, is located in New Jersey. The contract specifies that Phillipa or her agent will need to pick up the cocoa powder. Phillipa goes to the New York headquarters where the warehouse manager gives her a warehouse receipt for the cases of cocoa powder. Phillipa leaves the cases in the warehouse while she arranges for a truck to transport them to New Jersey. Before the carrier picks up the cocoa powder, there is a huge rain storm and the warehouse floods. The cocoa powder is ruined. If Phillipa sues Cocoa Makers, the court will probably hold that the loss is borne by:-Cocoa Makers because all losses due to weather are borne by the seller.-both parties equally.-Phillipa because the title and risk of loss passed to her when she received the warehouse receipt.-Cocoa Makers because the title and risk of loss had not yet passed to Phillipa because she had not removed the cases.
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