Also known as:misdeliveries · misdeliver · misdelivered · misdelivering · mis-delivery
Written by attorneys — see sources below.
A bailee's delivery of bailed chattels to an unauthorized recipient. The bailee incurs strict liability for conversion even without negligence or fault.
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How its tested
Common Examples
2
Warehouse Releases Beam to Rival
Apex Builders prepaid Metro Steel Warehouse for a custom beam. Metro released the beam by mistake to Northline Construction. Northline learned the beam belonged to Apex yet installed it on its own project. Apex recovers the beam's full value from Northline for conversion by misdelivery.
Hotel Misdelivers Guest Vehicle
A guest left his classic car with a hotel bellboy who parked it in an adjoining lot. The attendant later released the car to an unauthorized driver who damaged it. The guest sued the hotel for conversion. The court held the hotel strictly liable for the misdelivery.
Put it into practice
Test Yourself
10
Practice Questions5
· 3 primary sources
Uniform Acts
Common Law
Restatements
Allen v. Hyatt Regency–Nashville Hotel668 S.W.2d 286 (Tenn. 1984)
Does a bailee escape liability for misdelivery by showing it acted without negligence?
No. A bailee who delivers bailed goods to the wrong person is strictly liable for conversion regardless of fault or negligence.
What distinguishes misdelivery from ordinary negligence in a bailment?
Misdelivery occurs when the bailee hands the chattel to an unauthorized recipient. Negligence governs loss or damage while the bailee retains possession. Misdelivery triggers strict liability.
Can a recipient of misdelivered goods commit conversion by using them?
Yes. A recipient who learns the goods were misdelivered and then exercises dominion by using them is liable for conversion even if the initial receipt was innocent.
Supporting sources
Does the UCC change the common-law rule of strict liability for misdelivery by a warehouser?
No. UCC § 7-403 imposes strict liability for misdelivery unless the warehouser proves one of the listed defenses such as delivery to a person with paramount title.
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEFoundational