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Doug is the owner and operator of Doug''s Delivery, a local delivery service for small packages.

     Doug always had daily deliveries for the residents of the gated community of “Lockemdown.”

     Doug entered Lockemdown with several scheduled deliveries for the residents.

     Dell Computer Company contracted with Adam for purchase of a new laptop computer. Dell contracted with Doug to deliver the computer to Adam, who resides at XXXX XXXXX XXXXXX in Lockemdown.

     Doug, due to him suffering from dyslexia from an early age, went to XXXX XXXXX XXXXXX with the Dell computer. Doug pulled onto the driveway at 1661 and went to the door with the box that contained the computer. Doug rang the doorbell and Bob opened the door. Doug announced that he was there to deliver a new computer. Although Bob had not ordered a new computer from Dell, Bob signed Doug''s delivery receipt and took possession of the box containing the computer. Bob had in-fact ordered a new computer from Gateway Compute

Submitted: 484 days and 11 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Optional Information:
ATLANTA, Georgia

Already Tried:
JUST DON'T UNDERSTAND

Posted by dkennedy 484 days and 10 hours ago.

Info Request

Hello XXXXXXXXXXXX,

I would like to help you with this. I understand the facts as you gave them, but what is your question?

Is this for a school project, or is it something that happened to someone you know?

Just let me know what I can answer for you.

484 days and 10 hours ago.

Reply

Reply to dkennedy's Post: I WILL BE ATTENDING LAW SCHOOL IN THE FALL AND WANTED TO SEE HOW THE TORT QUESTIONS CAN BE ANSWERED FROM A LAWYERS POINT OF VIEW.

Posted by dkennedy 484 days and 10 hours ago.

Answer

Hello XXXXXXXXXXXX,

You will take a "fact pattern" like this and look for any liability and remedies in the entire situation. For example:

Who is ultimately responsible for the wrong delivery?

Doug--owner and operator? Is the fact that he has dyxlexia make him less responsible, or not at all? But, if he had that, should he be driving and looking for addresses without checking thoroughly? Is it his fault Bob signed for this computer knowing it was not his?

Bob--who signed for a computer he did not order? But was it a legitimate mistake? He did order a computer and possibly just was mistaken. Shouldn't you check what you're signing for?

Dell Computer---who contracted with Doug for the delivery, therefore picked the "wrong" person to do the delivery after all? But, when they pick a company to do a service, shouldn't that company (Doug's company) stand behind their service?

This is an example of what you do with these facts. Throwing ideas out there and asking questions, analzying possibilities and seeing both sides of everything.

 

484 days and 10 hours ago.

Reply

Reply to dkennedy's Post: So that still doesn't show me how the answers should look....what defenses do I use? Do I use assault or battery or what?

484 days and 9 hours ago.

Reply

So would I use conversion or tresspass to chattel? Would my defense be mistake...I just did a little reading on the internet to help me understand

Answer

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

  1. Seeing that another legal expert has opted out, I will be glad to share my thoughts. I should say, however, that the other expert has provided some very valid guidance. While you will certainly commit many principles to memory and rely on statutes and regulations both in law school and while in practice, the biggest component will be analyzing fact patterns, recognizing the issues, and applying the law. Law school exams tend to be rather "free flowing", and the comments made by the other expert regarding the exchange of idea and analysis is definitely what a law student will typically encounter under the Socratic method of instruction.
  2. Having said all of that, your initial question mentioned torts and your follow-ups mentions assault and battery and trespass to chattel. Assault and battery are out and are not raised by your fact pattern. Trespass to chattel would be a reach, but is good that you recognized it as a potentially related issue.
  3. I would tend to take a different approach and look at the fact pattern under a theory of contracts law rather than torts. One of the most obvious issued raised would be that of "mistake of fact". It's a bit more of a reach, but I would also think about conversion (as you mentioned) in the tort realm.
  4. I hope this has been helpful, but please feel free to write back with any additional questions or if you need clarification. And, lest I forget, please allow me to offer my congratulations and very best wishes for success in law school!

If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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Expert: Benjamin M. Burt, Jr., Esq.
Pos. Feedback: 99.4 %
Accepts: 2317
Answered: 7/12/2008

Lawyer (JD)

Relax. I can help. Licensed attorney 11 years. Experienced provider of online legal information.

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