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Unread 01-07-2020, 10:02 PM
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Cypocryphy Cypocryphy is offline
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Join Date: May 2009
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Re: Will querent receive her second package and if so, then when?

Here is another reason why I believe Frawley is wrong in his analysis and logic:

If we look at the general law, in English speaking countries; in fact, let's look at commercial goods here in the United States. These principles are taken from long ago, during times of fiefdom.

UCC 2–509 Risk of Loss in Absence of Breach.**
(1) Where the contract requires or authorizes the seller to ship the goods by carrier (a) if it does not require him to deliver them at a particular destination, the risk of loss passes to the buyer when the goods are duly delivered to the carrier even though the shipment is under reservation (Section 2-505); but (b) if it does not require him to deliver them at a particular destination and the goods are duly tendered while in the possession of the carrier, the risk of loss passes to the buyer when the goods are there duly so tendered to enable the buyer to take delivery.

So, to unpack that, once the seller has given the goods to the carrier, he is no longer in control of the goods and, therefore, is not culpable for any mishap. Why? Because the seller has complied with the contract, and unless there is something materially wrong with the agreement (e.g, you order a air conditioner and receive a refrigerator) that leads to a material breach (and even then it might not be an immediate breach), the buyer bears the onus of whatever happens to the goods. Why? Because the buyer is now OWNER of the goods and will have to take it up with the carrier (USPS, etc.). This is true unless the merchant and buyer enter a contract that specifically states otherwise as to whom bears the burden of loss.

The short of it is that if the buyer is responsible for the loss, it is due to being the owner of those goods, meaning we look at the second house. We look at the 2nd from the 7th if seller has not delivered the goods to a carrier.
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Last edited by Cypocryphy; 01-07-2020 at 10:48 PM.
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