Under Georgia's UCC, when does the risk of loss pass to the buyer?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The correct answer is based on the principle that under the Uniform Commercial Code (UCC), particularly as it is adopted in Georgia, the risk of loss generally depends on the specific terms outlined in the sales contract between the buyer and seller.

In many transactions, the UCC provides rules for determining when the risk of loss transfers, which include considerations of whether the seller is a merchant, whether the goods are identified to the contract, and whether the buyer has taken possession of the goods. For instance, if the contract specifies that risk of loss will pass upon delivery of goods at a certain location, or upon acceptance of the goods, then that agreed term controls the situation.

Thus, understanding that the parties can choose how and when risk of loss will transfer is crucial. This customization allows for flexibility in agreements and takes into account factors such as shipping methods and parties' intentions. The other answer choices do not adequately cover this nuance. Immediate payment, possession, or a fixed 30-day period do not capture the complexities involved in risk allocation in a sale of goods under the UCC.

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