Law Deliverable (First Half)

Barber and ups entered into a shipping contract under

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Barber and UPS entered into a shipping contract, under which UPS’s rates could vary “based upon a number of factors, including the level of service provided and the weight and size of the shipment.” The contract also mentioned that UPS would charge a greater amount based on the “actual weight” or the “dimensional weight” of a shipped package. In addition, UPS was able to audit the shipments because Barber Auto Sales self-selected the number of factors mentioned above. However, in a scenario where the plaintiff had a problem with the any of the shipping charges, the dispute needed to be raised within 180 days of receiving the relevant invoice. The plaintiff’s class action complaint alleged that UPS breached the terms of the shipping contract by manipulating the audit process “so that it could improperly invoice plaintiff increased shipping charges based on false dimensions.” The outcome of the case favored UPS, because it was ultimately ruled that Barber accepted the “Customer Agreement” and failed to comply with UPS’s 180-day rule ( Barber Auto Sales, Inc.) . The importance of a company’s cautiousness is essential in order to avoid or at least
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Barber and UPS entered into a shipping contract under which...

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