Fezmid Posted October 28, 2005 Posted October 28, 2005 Ok, I know what the "right" answer is here, and I'm waiting for the guy to come home. BUT, I'm wondering if anyone knows the legal stance here. FedEx rang my doorbell this morning, I was expecting a package (my parents wanted to make sure I was home today), so I went to the door, signed for it, and opened the box. I was a bit perplexed because it was a Video iPod, and I didn't think my parents would buy anything like that for me (although I was joking about one yesterday, so it wasn't out of the realm of possibility). There was no packing slip or anything in the box - just the iPod. Instead of opening the iPod like I wanted to, I kept thinking about it. My parents weren't home. I entered the tracking information into FedEx - it shipped from China (to Alaska to Indianapolis to Minneapolis, all since yesterday! I looked at the address label, and saw it was shipped from ACI. Research on that seems to indicate it's "Apple Computers Inc" or something similar. Finally, I looked at the "to" address and noticed it was for someone else at a completely different address. Ummm, way to go FedEx guy. So I'm going to return it when he gets home (I have his phone number, nobody answered). But my question is, since the FedEx guy hand delivered it right to my house, am I legally obligated to return it? Or is this "Bank error in your favor, collect $200?" Just curious about people's opinions (or facts ). EDIT: BTW, I think FedEx sucks at delivering things properly. This is the third time in the last five years I've had a mishap with them (although this is the first time they gave me something as opposed to delivered my stuff elsewhere). A few months ago they delivered an IDE controller rto the guy across the street (even though the driver insists that he gave it to me ). Five years ago, FedEx delivered my wife's engagement ring to the house across the street! Luckily I was home and waiting for it, saw the "We missed you" sticker and was able to get it anyway. Pissed me off though. EDIT2: Looks like legally it's not mine, according to these posts: http://groups.google.com/group/misc.consum...ec4e7b783fbffff I kinda wish I had opened it up instead of over-analyzing where it came from... Would've been cool to see one in action CW
Dan Gross Posted October 28, 2005 Posted October 28, 2005 So I'm going to return it when he gets home (I have his phone number, nobody answered). But my question is, since the FedEx guy hand delivered it right to my house, am I legally obligated to return it? Or is this "Bank error in your favor, collect $200?" Just curious about people's opinions (or facts ).CW 488574[/snapback] I believe you are completely and morally obligated to give him the tin of cookies that your mom sent you...unless of course the FedEx guy already did... Seriously, put yourself in the other guy's shoes. If it was your i-pod, what would you prefer the other person do? Besides, I would imagine at some point they will track the thing and note that it was delivered to the wrong address....
Fezmid Posted October 28, 2005 Author Posted October 28, 2005 I believe you are completely and morally obligated to give him the tin of cookies that your mom sent you...unless of course the FedEx guy already did... Oooh, interesting theory Seriously, put yourself in the other guy's shoes. If it was your i-pod, what would you prefer the other person do? Besides, I would imagine at some point they will track the thing and note that it was delivered to the wrong address.... 488582[/snapback] Oh, I know that -- and as I said, I'm going to (he's not home right now and I'm not leaving it on his porch though). Just thought it was an interesting legal question (not moral one). Apparantly after doing some research it's not an interesting legal one either, it's pretty straight forward. CW
Fezmid Posted October 28, 2005 Author Posted October 28, 2005 Nice FedEx story (I guess I'm not the only one): http://groups.google.com/group/alt.marketi...8656de9cd020735
TheMadCap Posted October 28, 2005 Posted October 28, 2005 Fed Flex I like to call them. I bought a new computer from HP (first mistake) in May of 2000. Two months later, the darn CD writer went down. The HP repair guy said that in order to get it fixed, they had to have the entire tower. Against my better judgement, I mailed them my tower (second mistake). The computer made it to Dallas and then just vanished off the face of the Earth. Then FedEx said that it was HP's responsibility to replace it, and HP said it was FedEx's problem. Two months pass with no computer. I'm getting pissed. After several expensive calls to somewhere in Canada (with no toll-free number, of course) I threaten a lawsuit if I don't hear from someone with authority to fix this problem within 24 hours. The HP guy called two hours later. They said they would send me a computer to replace, top of the line, blah, blah, blah. Four months pass... I get a call at work from a lady in a warehouse somewhere in Wyoming. She says she may have my property. MY COMPUTER!!! She then explained that her company is contracted by FedEx to handle "lost" packages, kind of like the Island of Misfit Toys. She said my computer was lost because the shipping label fell off. So how did she know it was mine? Opened the box and grapped the paperwork off the top. To make a long story short, I hate FedEx and I ended up keeping both computers. Screw FedEx and HP... Oh and I never did get my damn DC writer fixed. My computer just went on a little 6-month vacation...
VABills Posted October 28, 2005 Posted October 28, 2005 With it being Fedex legally you cannot keep it. If it was the US Postal service you legally could, but morally should not.
Fezmid Posted October 28, 2005 Author Posted October 28, 2005 With it being Fedex legally you cannot keep it. If it was the US Postal service you legally could, but morally should not. 488598[/snapback] How can there be a distinction?
VABills Posted October 28, 2005 Posted October 28, 2005 How can there be a distinction? 488602[/snapback] Because the others require a signature, and if you sign for it you agree it's yours. Even if you "presign" a release, you still agree it's yours. The the post office only certified mail requires a release signature and if they put something in your box/on your porch then it's yours.
erynthered Posted October 28, 2005 Posted October 28, 2005 Because the others require a signature, and if you sign for it you agree it's yours. Even if you "presign" a release, you still agree it's yours. The the post office only certified mail requires a release signature and if they put something in your box/on your porch then it's yours. 488614[/snapback] Cool! I'll just start putting my Mortgage bill in my neighbors mailbox each month, think it'll work?
stuckincincy Posted October 28, 2005 Posted October 28, 2005 Because the others require a signature, and if you sign for it you agree it's yours. Even if you "presign" a release, you still agree it's yours. The the post office only certified mail requires a release signature and if they put something in your box/on your porch then it's yours. 488614[/snapback] Maybe someone will mail you a kilo.
duey Posted October 28, 2005 Posted October 28, 2005 Having gone through this myself a few times, I think its a bit sad (no offense) that everyone has to immediatley consider the legal ramifications in a case such as this, rather than just doing whats right and giving the item to its rightful owner. I'm not passing judgement on anyone (as I said, I've wrestled with such an issue myself a couple of times), just making an observation about society.
Fezmid Posted October 28, 2005 Author Posted October 28, 2005 I'm not passing judgement on anyone (as I said, I've wrestled with such an issue myself a couple of times), just making an observation about society. 488657[/snapback] In my case, I probably should be looking at he legal ramifications of BOTH actions, and I should probably just call FedEx and have them come out and redeliver it themselves. What's to stop the guy from getting the iPod from me, then turning around and telling FedEx he never got it and tracking it back to me? You're right, it is kinda sad... CW
kegtapr Posted October 28, 2005 Posted October 28, 2005 I'm not passing judgement on anyone (as I said, I've wrestled with such an issue myself a couple of times), just making an observation about society. 488657[/snapback] You may not, but I sure will pass judgement. Something is delived to your home, which you know is not yours and you have to think about what to do? Retards.
VABills Posted October 28, 2005 Posted October 28, 2005 You may not, but I sure will pass judgement. Something is delived to your home, which you know is not yours and you have to think about what to do? Retards. 488692[/snapback] I believe we are only talking about one person here, so that should be singular.
Fezmid Posted October 28, 2005 Author Posted October 28, 2005 I believe we are only talking about one person here, so that should be singular. 488693[/snapback] Maybe you didn't read my original post closely enough? I'll quote the important sections: and I'm waiting for the guy to come home. and So I'm going to return it when he gets home (I have his phone number, nobody answered). But my question is, since the FedEx guy hand delivered it right to my house, am I legally obligated to return it? Or is this "Bank error in your favor, collect $200?" Just curious about people's opinions (or facts smile.gif ) and I kinda wish I had opened it up instead of over-analyzing where it came from... Would've been cool to see one in action CW
VABills Posted October 28, 2005 Posted October 28, 2005 Maybe you didn't read my original post closely enough? I'll quote the important sections: and and CW 488698[/snapback] Yeah but it was YOUR post asking what YOU should do.
taterhill Posted October 28, 2005 Posted October 28, 2005 You may not, but I sure will pass judgement. Something is delived to your home, which you know is not yours and you have to think about what to do? Retards. 488692[/snapback] he never said he was going to keep it..learn to read
Crap Throwing Monkey Posted October 28, 2005 Posted October 28, 2005 You may not, but I sure will pass judgement. Something is delived to your home, which you know is not yours and you have to think about what to do? Retards. 488692[/snapback] The way I read Fez's original post, he was saying that he was going to do the right thing regardless without question, but he was curious about the legal ramifications of the situation. I'd do the same thing: wonder if I could legally claim ownership of the mis-delivered item, while at the same time returning it to its rightful owner.
Fezmid Posted October 28, 2005 Author Posted October 28, 2005 Yeah but it was YOUR post asking what YOU should do. 488705[/snapback] Please show me where I said I was asking what I should do? I thought I was very clear in stating that I was giving it back. I was only curious about the legal ramifications, more of a "what if" type question. Again, feel free to quote the section where I say I'm debating keeping it. Now stop being an idiot. CW
Crap Throwing Monkey Posted October 28, 2005 Posted October 28, 2005 Now stop being an idiot. 488709[/snapback] You may as well ask him to stop being short.
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