Legal Definitions - misdelivery

Misdelivery refers to a situation where goods or services are delivered in a manner that does not comply with the specific terms or expectations outlined in a contract. This can happen in several ways, such as delivering an item to the wrong person or location, or providing goods that are damaged, incomplete, or incorrect upon arrival, contrary to what was agreed upon.

Here are some examples to illustrate misdelivery:

• Example 1: Delivery to the Wrong Recipient

  Imagine a small business owner orders a new specialized printer from an office supply company. The shipping carrier, due to a mix-up in their system, delivers the printer to a different business located two blocks away, even though the correct address was clearly printed on the shipping label. This constitutes misdelivery because the item was not delivered to the intended recipient or the correct address as specified in the purchase and shipping agreement.

• Example 2: Delivery of Damaged Goods

  Consider a furniture store that orders a shipment of custom-made wooden tables from a manufacturer. When the tables arrive at the store, several of them have significant scratches, dents, and a broken leg, clearly sustained during transit. This is an instance of misdelivery because, while the tables reached the correct destination, they arrived in a damaged condition, failing to meet the contractual expectation of delivering goods in good, saleable condition.

• Example 3: Delivery of Incorrect or Incomplete Items

  A construction company orders 100 bags of a specific type of cement for a project. When the delivery truck arrives, it unloads 80 bags of the correct cement and 20 bags of a different, less suitable type of cement. This is a case of misdelivery because the shipment did not fully match the quantity and specific product type that was ordered and agreed upon in the contract between the construction company and the supplier.