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Isis Foods in St. Louis wanted to buy a shipment from Pocasset Food Sales. The sale was initiated by a purchase order from Isis to Pocasset stating that the shipment was to be "F.O.B. St. Louis." All of Pocasset's invoices stated "Our liability ceases upon delivery of merchandise to carrier." Pocasset delivered the goods to a common carrier, but the shipment was destroyed in transit before reaching St. Louis. The court had to determine whether Isis or Pocasset was liable for the loss. The court most likely held that the risk of loss:-had shifted to Isis, because Isis did not object to the liability clause.-had shifted to Isis, because under an F.O.B. destination contract, the risk shifts to the buyer as soon as the goods are identified.-remained with Pocasset, because under an F.O.B. destination contract, the risk shifts to the buyer as soon as the goods are delivered to the carrier.-remained with Pocasset, because Isis did not consent to the liability clause.
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