If a delivery service failed to obtain a signiture on time-sensitive documents, and the package doesn't reach me in time, can I hold them liable for the damage to my credibility, and of the value of the lost contract?
The documents were sent by a contract awarding entity, who gave the delivery company special instructions to "obtain a signiture". The delivery company left the documents on my door step and never obtained a signiture.
My neighbor picked up the package, forgot to give it to me for 4 days, which by then was past the deadline, and I subsequently lost the contract. Is this a winnable case?
2007-02-09 08:51:56 · 9 answers · asked by 452 3 in Politics & Government ➔ Law & Ethics
I think that you do absolutely have a legal leg to stand on with this one. If the company that shipped the documents paid of a signature to be required then they were not supposed to just leave the envelope on your door step. What if there was a check for thousands of dollars in there and some one took it and cashed it? I would consult a lawyer immediately.
Also, just to let you know, in any case like this, for negligence of any kind, the lawyer doesn't get paid unless you get paid. That's the law. The consult would be free.
2007-02-09 08:58:09 · answer #1 · answered by FaerieWhings 7 · 0⤊ 1⤋
You can talk to an attorney. However, based on the information you've given, probabaly not.
First, you are not in privity of contract with the delivery company. The sender of the package is. He would have to show that he was damaged by the delivery company not obtaining a signature.
Even if you had a negligence case, the question here is did they have a duty? And to whom was that duty owed? Even if you were owed a duty here, you most likely would lose since your neighbor might be considered a superceding intervening act which cuts off the liability of the carrier for failing to obtain the signature.
Question...was it reasonably forseeable that your neighbor would pick up the package? Probably. But was it forseeable they would not give it to you for 4 days, maybe not.
Talk to an attorney anyway. However, my gut feeling is you don't have a case here.
2007-02-09 09:30:33 · answer #2 · answered by Peter 3 · 0⤊ 0⤋
Anybody can sue anybody for anything in this country, the question is whether or not you can win your case.
You'd probably have to prove (paper trail) the instructions the delivery company was given, and contracted for, were not followed.
I'd make sure the "awarding entity" knew about the situation. I'd also complain loudly to the delivery company for some kind of restitution...maybe they'll get the message without involving lawyers.
2007-02-09 09:03:51 · answer #3 · answered by getting2old2quick 3 · 0⤊ 0⤋
You could have a case for negligence, but it would be hard to prove. The company has to owe a duty to you -- which in this case it seems they owe a duty to the company who sent you the contract. they must have breached taht duty (yes they did) and the injury recieved must be a proximate result of that breach of duty (it is -- you lose the contract). The problem is therefore if they owed a duty to you.
I suggest calling an attorney and getting an appointmetn set up. See if there is free consulation first though.
2007-02-09 08:56:42 · answer #4 · answered by Anonymous · 0⤊ 1⤋
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2016-12-17 06:16:22 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Can you prove that the C.A.E. filled out the proper paper work . to ensure that your package was to sign for? Did they meet there guarantee on delivery time. ?............I dont think you have a case without anwering Yes to question 1 and No to question 2......Your Neighbor is really at fault.......did you ask them to pick up your packages for you ?.and then take 4 days to get it to you
2007-02-09 09:10:47 · answer #6 · answered by chubyshady_plays_the_cards 3 · 0⤊ 0⤋
Call a lawyer for a free consult.
2007-02-09 09:01:29 · answer #7 · answered by professorc 7 · 0⤊ 0⤋
yes
2007-02-09 09:14:26 · answer #8 · answered by glamour04111 7 · 0⤊ 0⤋
best get legal advice on this one...
2007-02-09 08:55:12 · answer #9 · answered by The Emperor of Ecstasy 5 · 0⤊ 1⤋