§ 2141 Freight Payment For Partial Delivery

If a receiver takes part of a shipment and doesn't complain about the rest, they must pay for the part they took, even if the original contract didn't split the price.

Key Takeaways

•Accepting any part of a shipment means you must pay for that part.
•You don't have to point out the missing part to be required to pay for what you took.
•Payment can be split for the accepted portion even if the contract didn't originally split it.

Example

A delivery truck brings 100 boxes of goods. The receiver only unloads 60 boxes and doesn't say the other 40 were missing.

Because the receiver accepted the 60 boxes without objecting to the missing 40, they have to pay for those 60 boxes, even though the contract didn't say the price would be divided.

If a part of the freight is accepted by a consignee, without a specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract.

If a receiver takes part of a shipment and doesn't complain about the rest, they must pay for the part they took, even if the original contract didn't split the price.

Key Takeaways

•Accepting any part of a shipment means you must pay for that part.
•You don't have to point out the missing part to be required to pay for what you took.
•Payment can be split for the accepted portion even if the contract didn't originally split it.

Example

A delivery truck brings 100 boxes of goods. The receiver only unloads 60 boxes and doesn't say the other 40 were missing.

Because the receiver accepted the 60 boxes without objecting to the missing 40, they have to pay for those 60 boxes, even though the contract didn't say the price would be divided.

Key Takeaways

Example

References

§ 2141 Freight Payment For Partial Delivery

Key Takeaways

Example

References

Key Takeaways

Example

Related Statutes

References

Key Takeaways

Example

Related Statutes

References