Proper action for a stolen package from a Buy/Sell/Trade transaction

[Tyruscobb]

Originally Posted by Peter_Spaeth

To the extent you are arguing the use of the word "shipped" suggests both parties understood it to be a "shipping contract" with what that implies for who bears the risk of loss, I disagree. Nobody thinks about it in those terms except maybe you LOL. But as to the legal effect of the contract, I agree with you, I was the first to post the relevant UCC provision if memory serves. But my point is that the ultimate question here is ethical, not legal.

You may be right. I’m probably one of the few that thinks about these things. I can’t turn it off. That is what a legal education and career does to you.

Ethically, I think the fair thing to do amongst friends is to split the loss. However, I’m sure this too won’t satisfy some of the folks here. They will want the seller to reimburse the buyer and pay him for his emotional distress.

[Peter_Spaeth]

Originally Posted by Tyruscobb

You may be right. I’m probably one of the few that thinks about these things. I can’t turn it off. That is what a legal education and career does to you.

Ethically, I think the fair thing to do amongst friends is to split the loss. However, I’m sure this too won’t satisfy some of the folks here. They will want the seller to reimburse the buyer and pay him for his emotional distress.

In my fourth decade practicing and I have long since turned it off … well, sort of lol.

[Tyruscobb]

Originally Posted by Peter_Spaeth

In my fourth decade practicing and I have long since turned it off … well, sort of lol.

Sounds like you may have 20 years on me. I got an A+ in my UCC and secured transactions class by the way. Ha.

[Peter_Spaeth]

Originally Posted by Tyruscobb

Sounds like you may have 20 years on me. I got an A+ in my UCC and secured transactions class by the way. Ha.

And it shows.

[Tyruscobb]

Originally Posted by Peter_Spaeth

And it shows.

I’ve enjoyed discussing/debating the law with you Peter. I’m an insurance defense attorney. Maybe if I pick up a few more insurance carriers or third-party administrator clients this coming year, I can afford some of your cards! You are always offering nice items.

[Peter_Spaeth]

Originally Posted by Tyruscobb

I’ve enjoyed discussing/debating the law with you Peter. I’m an insurance defense attorney. Maybe if I pick up a few more insurance carriers or third-party administrator clients this coming year, I can afford some of your cards! You are always offering nice items.

It's funny, I just bought collectors' insurance and despite all my legal training and experience I just got too bored to read through all the fine print lol. I did, however, get the agent to confirm my understanding of the policy in writing which is something I suppose.

[cammb]

When I sell a card and state shipped it means free shipping, nothing else. There isn’t a person on this board who can guarantee that the card will be delivered. If the buyer wants insurance or priority shipping, he should state it. I am on the side of the seller on this one.