Originally Posted by Tyruscobb
I’m sorry. I just do not understand why people think the seller should bear the entire loss. I’ve thoroughly explained the legal analysis, and how it works in the real world. People either do not know the law or simply do not care. People have grown so accustomed to how EBay and PayPal handle things.
These companies’ policies are just that - their policies. They are not the law and do not control two private individuals entering into a contract, especially if just Friends/Family is used.
Buyers and sellers need to take responsibility for their actions. Do your due diligence. Do not leave anything to chance or assumption. The reason is that one contractual party may assume A, while the other party assumes Z. The parties need to spell out the deal’s entire terms and conditions. It is not hard or difficult.
If two people enter into a contract that includes shipping, the contract is completed when the shipping carrier takes possession. It does not include delivery unless specified. The reason is that the seller, like the buyer, has no control over UPS, FedEx or the Postal Service. The seller is not the one delivering the package.
Yes, the seller may have chosen the Postal Service over UPS, but that decision, absent a negotiated carrier, still does not shift the loss risk onto the seller. These are acceptable carriers.
If a third-party carrier loses the package, it is not the seller’s fault. So, why should he take all the loss? What did he do wrong? The seller is also not at fault. So, the law aside, because both parties are innocent, and because this is a friendly board, I’d say to split the difference. Both parties take a 50% hit. But, those clamoring for the seller to take all the loss, absent certain negotiated terms, such as the required carrier, who bears the loss burden, insurance, etc., are just wrong - in equity and the law.
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02-13-2020, 12:22 AM
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