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Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is FAS (Free Alongside)?

Bar Exam Prep Contracts Terms of the Contract Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is FAS (Free Alongside)?
🤔 Contracts • Terms of the Contract K#092

Legal Definition

Generally, FAS is only used when goods are shipped by boat. Risk of loss passes to the buyer once goods are delivered to the dock.

Plain English Explanation

When goods are shipped with an FAS shipping term, then the risk of loss passes to the buyer the moment the goods are delivered to the dock. If at any point the goods are damaged or lost before reaching the dock, the seller bears the risk.

Hypothetical

Hypo 1: Bob is in California, Sam is in Hawaii. Bob sells Sam 100 widgets "FAS". Result: Bob is liable for the risk of loss and expense of shipment until the 100 widgets are delivered to the dock in California. If a hurricane wipes out the boat carrying the widgets 5 miles before it reached the dock in Hawaii, Sam bears the risk. If the hurricane wipes out the dock and goods the moment they are unloaded on the dock in California, Sam bears the risk.

Visual Aids

Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is FAS (Free Alongside)?
Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is FAS (Free Alongside)?

Related Concepts

Does the Parol Evidence Rule allow evidence of defenses to enforcement? How does a limitation on remedies affect warranties? How do you determine who is liable for risk of loss? How do you identify express warranties? How is the Parol Evidence Rule handled under UCC? Under the Parol Evidence Rule, is parol evidence admissible to clarify ambiguities? Under the Parol Evidence Rule, what is the effect of a clerical mistake in integration? Under the Parol Evidence Rule, what is the effect of changing or contradicting terms in a written deal? Under the Parol Evidence Rule, when are conditions precedent admissible? Under the Parol Evidence Rule, when will a court allow terms to be added to a written deal? Under the UCC, how is privity a limitation on warranty liability? Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is FOB (Free on Board)? Under the UCC, in determining the seller's delivery obligations while using a common carrier, what is CIF (Cost, Insurance, and Freight) and CF (Cost and Freight)? Under the UCC, what is the effect of a buyer examining goods before acceptance? Under the UCC, what is the statute of limitations on warranties of quality? Under the UCC, when does risk of loss pass to which party when using a non-common carrier? Under the UCC, which warranties can be disclaimed? What are destination contracts? What are shipment contracts? What are the default warranties of quality available under the UCC? What is a merger clause? What is an implied warranty of fitness for a particular purpose? What is an implied warranty of merchantability? What is an integration? What is a partial integration? What is parol evidence? What is the Parol Evidence Rule? When may conduct be a source of contract terms?
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