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54. At what point were the kayaks identified to the contract?
A recreational outfitter placed an online order with a seller for 20 new kayaks. The outfitter agreed to delivery by carrier under a destination contract, paid for the order, and received an email confirmation from the seller. The seller placed shipping labels on 20 individual kayaks in the seller's warehouse. The shipping labels listed the outfitter's name and address, the order number, and the proposed delivery date. The seller informed the carrier that the kayaks were ready to be picked up from the seller's warehouse for delivery to the outfitter. The carrier picked up the kayaks and delivered them to the outfitter.
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A is incorrect. The seller did not designate the particular kayaks that were eventually shipped as the ones to which the contract referred until after the contract between the parties was formed.
C is incorrect. Before the carrier picked up the goods, the seller designated the kayaks that were shipped as the ones to which the contract referred.
D is incorrect. Before delivery to the outfitter, the seller designated the kayaks by placing individual shipping labels on each one.