Who is responsible to pay for the content of a delivered goods if there is a missing item?
Full Question:
Answer:
Accidental losses are governed by principles of tort law. A negligent person(s) may be responsible for damages in an amount that restores the person harmed to the position s/he would occupy but for the loss. In order to be found liable for negligence, the person must owe a duty of care to the plaintiff (person harmed), and a failure to exercise that care must be proven to have caused to a foreseeable harm/loss.
Your answer will depend on the duties owed by the person's involved. For example, in a business setting, the company policies and job descriptions will typically determine the duties owed by the various employees. If the duties of those involved aren't clearly defined, it will be a matter of subjective determination for the court, based on all the facts and circumstances involved. Some of the factors the court may consider, among others, include past practices and industry customs, the instructions given, and the time periods involved.
In some cases, the court may find more than one person liable. If the defendants are found jointly and severally liable, it means the plaintiff may collect the full amount from any one defendant, and reimbursement from remaining defendants may be separately pursued by the one who ultimately pays the plaintiff. In other cases, the court may allocate fault by assigning percentages of liability to each defendant. If the plaintiff is found to be contributorily (partly)negligent, this may bar a recovery from any defendants.