Accepting Check Waives Right to Sue

Plaintiff dropped off shipments at a UPS outlet store. UPS was allegedly instructed to ship the items COD and to accept money orders only. UPS accepted checks, some of which misspelled plaintiff’s name and some of which bounced. The court held that UPS could not avoid liability simply because plaintiff delivered his packages to an agent and not UPS directly. The court found further that because plaintiff accepted the checks tendered by the customers and delivered to plaintiff by UPS, plaintiff had waived his claims. (April 2008)