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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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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"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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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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