It would probably depend on the terms and conditions of any agreement you had with Fanatics, but it seems to me you could have a claim against Fanatics for failure to deliver the card you purchased. You would argue that FedEx is their agent responsible for taking the proper steps to ensure delivery and while you do not know exactly what happened, you can establish that the card never arrived through no fault of your own. Contracts between buyer and seller generally address the issue of who bears the loss in either of two ways-- it is the buyer's problem once it reaches the shipper (out of seller's control) or it is the seller's problem until it reaches the destination. You might still have to rebut an argument that it reached the destination as shown by the squiggle, but that is a fact question that you face against either FedEx or Fanatics anyway.
I assume that if you are going to sue anyone it will be through a lawyer, so it would be worthwhile to consult with one now if you have not and ask about all options, although a good lawyer need not be asked that question in the first place.
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Last edited by nolemmings; 01-18-2025 at 09:26 AM.
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