FedEx has been ordered by a small claims court in Halifax, Nova Scotia, to pay damages for taking two days to deliver stallion sperm on a “Priority overnight” service.
The claimant, farmer Chelsea McKendrick, had ordered the sperm to impregnate a mare, but there was a limited time in which the sperm would be effective, which, she argued, expired during the delivery period.
McKendrick’s claim was made on the basis that “Priority overnight” implied delivery within 24 hours, and that she had already incurred costs for hormone injections and vet fees under the expectation of timely delivery.
The adjudicator, Augustus Richardson, rejected FedEx’s argument that it had limited its liability through small print that stated delivery would take two days, as had been the case for this particular service since November 2015.
“McKendrick’s reliance was reasonable given the name and nature of the service provided,” Richardson said. “It was a reliance that FedEx obviously knew would exist—otherwise why offer such a service using such a name?”
FedEx was ordered to pay McKendrick $740.36 in damages, based on McKendrick’s vet charges and legal costs.
(Source: Huffington Post)
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