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Roger
Roger, Lawyer
Category: Employment Law
Satisfied Customers: 31688
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am one of many contractors who has a contract with Fed Ex

Customer Question

I am one of many contractors who has a contract with Fed Ex ground to deliver packages for them to homes and business. Nowhere in the contract does it mention that they will load our trucks each morning but it has been understood that they do supply the loaders and they have done so for the 11 years I have contracted with them. I was told Wednesday that they will no longer load one of my vans simply because the package load at the terminal is to great for them to handle. They are continuing to load the other 30= trucks in the terminal. Do they have to continue to load my trucks under the "course of performance" provision of contract law?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

If the contract doesn't require FedEx to load the trucks, then it doesn't have to do so......you would have a claim that the pattern and practice or the historical course of business was that they loaded the trucks, BUT if there is no written contractual agreement that says they promise/agree to do this for you, then they'd have the right to change this at any time.....because there's no contract that requires it.