Is this breach of contract?

[Blodwin]

If A sends an item to B and it gets lost in the post, is A liable to B?

Specifically, in this instance A and B agreed to swap items. B got his from A. However , B posted his item to A but it never arrived. Is there a duty to insure an item? Or to send it by secure post?

[SXGuy]

Re: Is this breach of contract?

Bit to vague to answer correctly if im honest.

Was a contract agreed verbally or written? was how the items to be sent agreed prior to sending? what proof do you have the item was sent? proof of postage?

[mgfboy]

Re: Is this breach of contract?

If A sends an item to B and it gets lost in the post, is A liable to B?

Specifically, in this instance A and B agreed to swap items. B got his from A. However , B posted his item to A but it never arrived. Is there a duty to insure an item? Or to send it by secure post?

I would say that B needs to cough up, it's not A's fault that he hasn't recived the item.

[Blodwin]

Re: Is this breach of contract?

Bit to vague to answer correctly if im honest.

Was a contract agreed verbally or written? was how the items to be sent agreed prior to sending? what proof do you have the item was sent? proof of postage?

From what I can gather the agreement to swap the items was conducted on the internet by email.

[SXGuy]

Re: Is this breach of contract?

I know with places like Ebay its the sellers responsibility to refund the buyer if the item doesnt arrive, but many sellers have left because of this as they feel they sent it with proof of postage and its not their fault.

Its a tricky one for me to comment on, if i was the seller and i had proof i sent it, how would i know the buyer isnt lying. Id have to send it recorded and check the signature.

Only way i could cover myself.

On the other hand, if its a two way swap deal, neither party would know if they other actually sent it, or received anything.