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Suzy Smith contracted to purchase a pool heater from Sunkissed Pools. As part of the $4,000 contract, Sunkissed agreed to install the pool heater, which was delivered to Smith’s home and left in the driveway. The heater was too heavy for Smith to lift, and she was forced to leave it in the driveway because no one from Sunkissed responded to her calls about its installation. Subsequently, the heater disappeared from the driveway. Sunkissed maintained that the risk of loss had passed to Smith. Smith maintained that the failure to install the heater as promised is a breach of contract. Who should bear the risk for the stolen pool heater?

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