dimanche 26 août 2018

Shipping a Pair of Something; is the Carrier Liable for Both if One is Damaged

My question involves a consumer law issue in the State of: anywhere, USA

This is hypothetical, but as I am shipping a pair of speakers out tomorrow, I just thought of this.

I have a matched pair of speakers; they are meant by the manu to work together, and one can not function to spec without the other.

I ship them one to a box, both insured for $2,000 ea., as that is what I sold them for on the 2nd-hand market.

One box is damaged in shipping, rendering that speaker inoperable and beyond repair. The other box sustained no damage. That speaker is of course useable, but is useless without the other speaker.

What is the carrier's liability here - $2k, or $4k? I could see them arguing that, "hey - box #2 is fine". Which is correct, but my argument is that the speaker is useless w/o the other, and can not be sold by itself.

What do the courts say, when you have a pair of something in two separate boxes and one is damaged, is the carrier liable for the pair?

Thanks in advance.


Shipping a Pair of Something; is the Carrier Liable for Both if One is Damaged

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