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.
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.
"Stuart O. Bronstein" <firstname.lastname@example.org> 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
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