The Case of the Missing Wine

[Capetan Mihali]

You don't have a good-faith argument that it is or quickly your property when the box clearly specifies it is intended for someone else.  But you don't have any legal duty to take care of it. 

Taking the package and drinking it seems to have been a pretty clear act of criminal larceny.  What lawful possession could you have thought you had over the property?  There is no way it could be considered abandoned in that amount of time.

[lustindarkness]

You are wrong for drinking the wine, any wine as a matter of fact,  beer is better.

[DontSayBanana]

Seriously?  Over a half-hour drive?  I would have just taken it over.  That said, FedEx may have fucked themselves over (and saved Otto's bacon) by refusing to rectify the situation when they were made aware of it.  At that point, they knew they screwed up, the only reason they could have for making that excuse is that they were hoping it would blow over because the buyer was forgetful or a pushover.

As was pointed out, this particular misdelivery was even a violation of the law.  If the first person home had been a 19-year-old who really liked wine?  Or how about dropping something off with a lithium ion battery on the hottest day of the year?  To couriers, liability is king, so when dealing with packages with known restricted contents, they should be making damn sure that package gets to its intended recipient, not passing the buck.

[dps]

FedEx may have fucked themselves over (and saved Otto's bacon) by refusing to rectify the situation when they were made aware of it.  At that point, they knew they screwed up, the only reason they could have for making that excuse is that they were hoping it would blow over because the buyer was forgetful or a pushover.

Frankly, I can't understand why on earth they didn't send somebody for it right away.  I can see them not sending someone back for it the same day it was delivered, but I can't think of any good reason they didn't pick it up the next day.

[Razgovory]

I would have returned the wine, because I have nothing better to do.  I certainly wouldn't have drunk it.

Some things never change though.  Never leave booze around Otto.

[garbon]

Some things never change though.  Never leave booze around Otto.

[Martinus]

And, I mean, I do agree with you there, but then again, at that point the choice is really between tossing it or drinking it (as he said he would throw it away), sooooo.....why waste it if it's any good?

Not to make too big of a point out of it, but assuming this was what, 6 or 12 bottles of wine, the case must have not been big - so there was also a choice to keep it in some closet/basement where it would probably not be too much of an obstacle. 

[Martinus]

It was Otto's wine from the moment they delivered it.  He tried to return his own wine as a good Samaritan, and FedEx dropped the ball on it.  After that, Otto was free to dispose of his own wine as he saw fit, including drinking it.

I don't even see a moral dilemma here.  FedEx fucked up and made a gift of wine.  That happens.  FedEx charges rates that include the loss of materials they give away for free.  Its a part of the way they do business, and doesn't involve Otto at all, except as the lucky recipient of an unintended gift.

I don't know what laws you have in the states, but that would not be Otto's wine, legally, in Polish legal system at least. When talking about movables, you can only acquire a title to them this way if you are acting in good faith - which Otto clearly wasn't, as he knew the wine was not his.

Now, his liability if the wine is destroyed or improperly stored is very limited (almost non-existent - essentially you are only liable if you intentionally destroy or damage the wine, but not for any form of carelessness or negligence) and he can charge a storage fee but that does not legally allow him to drink it.

[Martinus]

You don't have a good-faith argument that it is or quickly your property when the box clearly specifies it is intended for someone else.  But you don't have any legal duty to take care of it. 

Taking the package and drinking it seems to have been a pretty clear act of criminal larceny.  What lawful possession could you have thought you had over the property?  There is no way it could be considered abandoned in that amount of time.

Ok, so US law is pretty much the same as Polish law, and grumbler is full of shit and talking out of his ass about something he has no idea about?

Man, the world is full of surprises.

[Martinus]

If it was Seinfeld or Curb Your Enthusiasm, the next act would be about Otto being hit by remorse and replacing the wine he drank with the same kind of wine he bought at a store, while claiming he found the case. Hilarity would ensue when it became apparent that the wine company mistakenly shipped the wrong vintage to the old guy - and now he is accusing Otto of trying to swindle him by replacing the better vintage he allegedly drank with a cheaper and worse kind.

[Admiral Yi]

Biscuit is not Jewish so he's not going to have Jewish father figure issues.

[jimmy olsen]

I pretty much agree with grumbler, but because I'm an excellent person I wouldn't have drunk the wine myself.  I would have just left it on the front porch indefinitely.

I'm not sure that he's legally correct, though.  Legally, if a business ships something to you that you didn't order, you're entitled to consider it a gift and keep it without any obligation to pay for it. 

Is that true? I had no idea. 

[Martinus]

Isn't he Catholic though?

[Martinus]

I pretty much agree with grumbler, but because I'm an excellent person I wouldn't have drunk the wine myself.  I would have just left it on the front porch indefinitely.

I'm not sure that he's legally correct, though.  Legally, if a business ships something to you that you didn't order, you're entitled to consider it a gift and keep it without any obligation to pay for it. 

Is that true? I had no idea. 

Me neither. I thought this only applies to things that they ship to you intentionally (this is to curb the practice of "ambush deliveries"), not when they ship it to you by mistake.

[Admiral Yi]

Isn't he Catholic though?

I think he might be.  Catholics have mother figure issues though, not father figure issues.