Chris goes into Best Computer store looking for a new computer. He wants something that is top of the line and portable

Who is responsible for the loss of the laptop, Best Computer or Chris? Explain your answer.

Chris goes into Best Computer store looking for a new computer. He wants something that is top of the line and portable. After looking over everything in the store and talking to Pierre, Chris decides on a 1.3 kilogram-laptop with all the latest software. Pierre agrees to have the software loaded onto the laptop and to call Chris when it is ready so he can come back and pick it up. That night, after all the software is loaded and Chris was called, a group of robbers broke into the store and took all the computers in the back room, including Chris’s new laptop.

 

Who is responsible for the loss of the laptop, Best Computer or Chris? Explain your answer.

 

Answer Chris is responsible for the loss of the laptop since Pierre loaded the software to make the laptop in a deliverable state and notified Chris that the laptop was ready to pick up. According to rule 2 of the transfer of title under the Sale of Goods Act the title and risk of the laptop has been transferred to Chris the moment Pierre notified him that the laptop was in a deliverable state before the robbery took place.

If Chris has not paid for laptop yet then the contract can be voidable under force majeure which is beyond the power of both parties and the contract can be discharged by frustration since the essential element of the contract namely the laptop does not exist when Chris decided to pay for it.