Perishable Goods Transport Dispute

Summary

Vinnys decision to transport perishable goods through Death Valley could be considered negligent due to the high temperatures affecting the lettuces quality. Oscar may have grounds to refuse the shipment if the contract implied quality requirements. In California, if the bill of lading does not specify the contract type, it defaults to a shipment contract, meaning the sellers responsibility ends when goods are handed to the carrier. Oscar could obtain an insurable interest in the lettuce at the time of planting if it is identified in the contract.

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Is this a shipment contract or a destination contract? Since nothing is stated on the bill of lading, it is neither. Since nothing is stated on the bill of lading, it is a destination contract. Since nothing is stated on the bill of lading, it is a shipment contract. Since nothing is stated on the bill of lading, it is both.
In California, if the bill of lading does not specify the type of contract, it defaults to a shipment contract. This means the seller's responsibility ends when the goods are handed over to the carrier.
- Since nothing is stated on the bill of lading, it is generally considered a shipment contract.
Do you have any more details about the contract terms or any communication between Vinny and Oscar regarding the shipping route?
Suppose that Oscar had the lettuce in question grown specifically by a farmer for him. At what point could Oscar obtain an insurable interest in the lettuce? At the time of the planting of the lettuce, if it is identified as the lettuce in the contract with Oscar. At the time of the delivery of the lettuce to the carrier. At the time the carrier delivers the lettuce to Oscar. After Oscar has had reasonable time to inspect the lettuce and give notice of nonconformance.
Oscar could obtain an insurable interest in the lettuce at the time of the planting of the lettuce if it is identified as the lettuce in the contract with Oscar. This identification establishes Oscar's interest in the specific goods.
Are there any other specifics about your contract with Vinny or the farmer that might be relevant?