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Theodore goes to a large cattle ranch to purchase 100 yearling steers to fatten in his feedlot. Theodore and the rancher sign a shipment contract that requires the rancher to load the cattle into a cattle shipping company's trucks from the pens by his house the following Tuesday. On Tuesday the cattle trucks arrive and the rancher oversees the loading of the cattle. After all the cattle are loaded and the trucks have left the pens by the house, one of the trucks is struck by oncoming traffic while pulling out of the ranch road. Ten of the cattle are killed. A court will probably hold that the loss of the cattle will be borne by:-the rancher because the title and risk of loss for the cattle will not pass to Theodore until the cattle are unloaded at his warehouse.-the loss will be shared equally between Theodore and the rancher.-Theodore because under the terms of the shipment contract the title and risk of loss of the cattle passed to him when they were loaded on the truck.-the rancher because the truck was struck while exiting his property.
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