Stolen card please keep an eye out - And do I have any recourse?

[bnorth]

Originally Posted by Peter_Spaeth

And your basis for that opinion is what please? The basis for mine is the Uniform Commercial Code, section 2-509. Unless there is a specific provision requiring the seller to deliver at a particular location (a so-called "destination contract"), risk of loss passes to the buyer when the seller delivers to the common carrier.

Right or wrong this is what I do. I pay for cards with pictures of famous dead people through the mail. I don't consider my cards paid for till the seller has my $ in hand. I also don't consider the cards mine till I have them in hand. I don't care how or when they got mailed.

[Peter_Spaeth]

Originally Posted by bnorth

Right or wrong this is what I do. I pay for cards with pictures of famous dead people through the mail. I don't consider my cards paid for till the seller has my $ in hand. I also don't consider the cards mine till I have them in hand. I don't care how or when they got mailed.

That pesky law might disagree with part two.
2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading
•(a) if the contract requires or authorizes the seller to send the goods to the buyerbut does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but
•(b) if the contract requires delivery at destination, title passes on tender there.

It's really the same concept as risk of loss: title and risk of loss pass together.