Expert: Morgan Smith - 5/26/2011

Question
Hi,

I booked a pick up and delivery of a package of cheerleading uniforms by UPS online on Sunday, 22nd May. I paid $315.01 for Worldwide Express delivery.This put the package arriving no later than PM yesterday (Wed, 25th May). The package was to be picked up in San Diego, CA and delivered to me in the United Kingdom.

As it turns out, the driver who picked up the package put the wrong shipping label on the package and delivered it to a Staples store in Los Angeles.

UPS now refuses to send the package back out to me unless I pay the $315.01 AGAIN for this shipment. They have admitted that the wrong label was used, but say that it will take 8 days to investigate and if I am due a refund of the original fee, it will take up to 2 months to receive that refund.

Isn't this breach of contract? By booking the delivery, I entered into a contract with them in which they were to deliver the package to me and they have not done that and now refuse to. If I have not received the package by Tues (31st May), the youth cheerleading team I volunteer coach will lose their chance to compete along with the £2000 we have paid in for that competition.

What can I do about this?

Thank you for your time.

Answer
Dear Christy,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about breach of contract, and my old contracts professor would have me shot if I didn't suggest that you begin at the begining and both find and read the written contract.  Although a contract can be verbal or implied, I am fairly certain that with a large carrier such as the one you are involved with, there is a written agreement form somewhere that established terms that apply to your remedies.  For example, some common contract terms provide that disputes have to go to arbitration in a certain state or location.

Once you review the contract documents, you can proceed intelligently and commence a suit for breach to seek recovery of your damages.  Without reviewing the contract, you are likely to encounter some unpleasant surprises at court.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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