Different areas of the law are different. I use to be able to show you judicial interpretations of some environmental laws that say exactly the opposite of the plain meaning of the statute. In my field, interpretations change often based upon small differences. In the area of risk of loss, I don't believe you are right, even if you can find some lawyers willing to fight the losing cause and argue otherwise. That stuff has already been litigated to death long ago. At least as far as I know.

Michael Siskin