Legal Question in Business Law in California

FedEx services

Hello! I send a business letter to another country using services of usps, which used FedEx to make a delivery. I received a receipt that said that they WOULD deliver my letter for some legal purposes on the date stated. Fed Ex missed the delivery by number of days. Because of that in that country I had to pay some fees in order to restart that legal process. My question is: Can I get the money that I paid in an other country from FedEx?


Asked on 7/19/07, 1:14 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: FedEx services

Probably not. Your contract is (I think) with the USPS, and they don't guarantee anything except, in some cases, your money back. If you had contracted with FedEx directly, your chances would be slightly better, but still not great. These delivery services are careful to write contracts that limit their liability. What you would be asking for is called "consequential damages" and I'm almost certain in their contracts you agree to waive any claims based on consequences of late delivery.

Further, unless the sum involved is huge, it isn't worth your time and trouble, to say nothing of legal fees, to research, file, serve and prosecute a claim, especially one you are likely to lose.

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Answered on 7/20/07, 12:14 am


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