Baubles, a jewelry store, contacts United Parcel Service (UPS) to ship a diamond ring worth $105,000. The
Question:
Baubles, a jewelry store, contacts United Parcel Service (UPS) to ship a diamond ring worth $105,000. The owner of the store arranges for the shipment on UPS’s website, which requires the customer to click on an onscreen box to agree to “My UPS Terms and Conditions.” Among the terms, UPS limits its liability on packages to $50,000. The carrier disclaims liability entirely for items worth more than $50,000 and refuses to ship them.
Despite these terms, Baubles schedules shipment of the ring. The ring is lost in transit.
Is Baubles entitled to recover from UPS for the loss? No. As a ______________ carrier, UPS must accept all freight as long as there is space, the fee is paid, and there is no reasonable ground to refuse. In most situations, the carrier is absolutely or______________ liable for loss or damage to the goods. Liability ______________ be limited to an amount stated on the shipment contract, however. Thus, UPS’s online disclaimer of liability ______________ enforceable, and Baubles is not entitled to recover for the loss of the ring.
Step by Step Answer:
Business Law Text And Exercises
ISBN: 9780357717417
10th Edition
Authors: Roger LeRoy Miller, William E. Hollowell