Misdelivery Law and Legal Definition
Misdelivery means the delivery of goods to a wrong party. The term may also refer to delivery of goods damaged by a carrier, delivery of goods at an improper location, or the failure to deliver goods in accordance with the bill of lading terms.
In maritime practice, a misdelivery is a technical term of art applied where there is a complete failure to deliver goods to the owner, consignee, or other authorized holder of a bill of lading.
Misdelivery occurs when the party in possession of the cargo gives it to one not entitled to receive it. [Morse Electro Products Corp. v. S.S. Great Peace, 437 F. Supp. 474, 482 (D.N.J. 1977)]A misdelivery of property by any bailee, to a person unauthorized to receive, is a conversion rendering the bailee liable in trover, without regard to the question of care or negligence. “Where there is a misdelivery by a carrier, the question of care or negligence cannot arise; that he is absolutely liable.” [Bush v. St. Louis, K. C. & N. R. Co., 3 Mo. App. 62, 72 (Mo. Ct. App. 1876)].