Legal Question in Aviation Law in California

Bailment Breach.

We ordered Bullet Proof Vests from a company in california which did not ship on time and eventually only shipped part of Order which was initially misdelivered to another Country.The initial blame was put on the courier Company which has refused to accept liability.We paid in full for goods ordered but the courier Local agent and their way bill make it clear they will only accept jurisdiction of USA Courts.The company we ordered goods from still seeks to lay entire blame on courier firm but they have been silent/evasive on claim for compensation filed with Courier firm.They are all seeking to take advantage of our absence from jurisdiction.We require a counsel who on terms will pursue claim on our behalf.

Asked on 9/09/04, 1:01 pm

1 Answer from Attorneys

Brian Hannemann Law Offices of Brian G. Hannemann

Re: Bailment Breach.

Did you eventually get the goods which were ordered? If so, then likely have no claim, unless you specified liquidated damages for any delay. If you have never got the goods, then you should be able to prevail on a simple breach of contract or negligence theory against the seller. The risk of loss would seem to be on the seller, and as such, they would owe you, and would have an indemnity claim back against the courier. I would be happy to discuss retention terms, and I invite you to call me at your convenience.

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Answered on 9/09/04, 1:37 pm

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