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  • pakcage delivery law

    From Bernie Cosell@21:1/5 to All on Fri Dec 3 12:53:27 2021
    I'm sure we've all seen the news reports of 450 FedEx packages found in a ravine. I've been trying to think through the legal mess of sorting it all out. For example, what law might the driver have violated? And I'm
    guessing that the recipients of the packages are mostly out of luck -- my memory of such things is that if you have a delivery problem with a package you're supposed to take it up with the shipping party and they are supposed
    to follow it up with the shipper. Overall, it feels like the people whose packages got ruined [not to mentioned delayed] are pretty much out of luck.

    I have no idea what goes on in a case like this when the shipping party confronts the shipper with the "lost" delivery. And especially if the lost-ness is clearly due to the shipper's "negligence" [assuming here that
    the driver discarding the packages would be viewed, in doing that, as an
    agent of the shipper]. I *think* that short of being fired [which he
    already has been] no further legal action will befall him.

    /Bernie\
    --
    Bernie Cosell Fantasy Farm Fibers
    bernie@fantasyfarm.com Pearisburg, VA
    --> Too many people, too few sheep <--

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  • From Stuart O. Bronstein@21:1/5 to Bernie Cosell on Fri Dec 3 15:59:32 2021
    Bernie Cosell <bernie@fantasyfarm.com> wrote:

    I'm sure we've all seen the news reports of 450 FedEx packages
    found in a ravine. I've been trying to think through the legal
    mess of sorting it all out. For example, what law might the
    driver have violated?

    That's theft.

    And I'm guessing that the recipients of
    the packages are mostly out of luck -- my memory of such things is
    that if you have a delivery problem with a package you're supposed
    to take it up with the shipping party and they are supposed to
    follow it up with the shipper. Overall, it feels like the people
    whose packages got ruined [not to mentioned delayed] are pretty
    much out of luck.

    Between a shipper and a recipient, the one who places the object into
    the custody of a common carrier for deliver, is responsible if it
    doesn't get where it's supposed to go. That person can get insurance
    if they choose, so can prevent a loss in case of a problem. The
    recipient can't normally do that.

    I have no idea what goes on in a case like this when the shipping
    party confronts the shipper with the "lost" delivery. And
    especially if the lost-ness is clearly due to the shipper's
    "negligence" [assuming here that the driver discarding the
    packages would be viewed, in doing that, as an agent of the
    shipper]. I *think* that short of being fired [which he already
    has been] no further legal action will befall him.

    The shipper will have a cause of action against the shipping company
    (FedEx), which is responsible for the actions of its employees. The
    employee can be tried for theft.


    --
    Stu
    http://DownToEarthLawyer.com

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  • From David Spencer@21:1/5 to Stuart O. Bronstein on Fri Dec 3 20:38:56 2021
    "Stuart O. Bronstein" <spamtrap@lexregia.com> writes:

    Between a shipper and a recipient, the one who places the object into
    the custody of a common carrier for deliver, is responsible if it
    doesn't get where it's supposed to go.

    That depends on the terms of their contract.

    Cost, risk and responsiblity in a commercial contract are typically
    allocated by reference to one of the standard terms defined in
    INCOTERMS, a publication of the International Chamber of Commerce.

    That person can get insurance if they choose, so can prevent a loss
    in case of a problem. The recipient can't normally do that.

    Both parties can have an insurable interest. The terms of the
    contract will determine who insures and takes the risk of loss.

    --
    dhs spencer@panix.com

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  • From Stuart O. Bronstein@21:1/5 to David Spencer on Sat Dec 4 08:43:06 2021
    David Spencer <spencer@panix.com> wrote:
    "Stuart O. Bronstein" <spamtrap@lexregia.com> writes:

    Between a shipper and a recipient, the one who places the object
    into the custody of a common carrier for deliver, is responsible
    if it doesn't get where it's supposed to go.

    That depends on the terms of their contract.

    Cost, risk and responsiblity in a commercial contract are
    typically allocated by reference to one of the standard terms
    defined in INCOTERMS, a publication of the International Chamber
    of Commerce.

    When there's a contract specifying allocation of the risk of loss, I
    agree. When there is no such contract term, the Uniform Commercial
    Code generally allocates the risk to the person who arranges for
    shipping. In a contract with a consumer, courts are generally
    reluctant to shift liability when it would be unfair or unreasonable
    to do so.

    --
    Stu
    http://DownToEarthLawyer.com

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