Legal Question in Business Law in Indiana
I ordered a product by phone, made payment as directed by the Seller, to the UPS driver when the product arrived. Approximately ten months after I tenedered payment, the Seller called and said that UPS lost the check and now wants me to submit payment directly to them. The check never cleared my account. Am I legally liable to submit another check, or did my liability end when I tendered payment to their Agent, UPS?
2 Answers from Attorneys
If you never paid for the phone, go ahead and send another check. It's not worth the hassle that it's going to cause you should you try to disclaim liability.
Send another check less the stop payment fee. You should see if you can get a letter of agreement with the seller that sending a check less the stop payment fee will satisfy your obligation. Remember, nothing in life is free.
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