Live animals dying in transit on the way to the buyer

Question ID: 33654

I ordered 50 live chickens from a farmer and asked for delivery. When the chicks came, I opened the box in front of the delivery driver. Four out of the 50 chickens were dead. They died on the journey to me. I wrote on the delivery page that four chickens were dead on arrival. Both me and his driver signed acknowledgement.

My intention was to receive a refund for these dead chickens. The farmer, however, disputes this. He said that for chickens to die on long journeys (such as this) is not something uncommon and surprising; in fact, he says that it is expected to happen. He does not want to give me a refund.

(1) Is the farmer correct in this matter?

(2) If I do pay him, with the intention of avoiding a dispute, will it amount to purchasing carrion (which these dead chickens are)?

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Asked on May 8, 2017 4:46 pm
Private answer

1) No.
2) Make intention you paying extra for the live chickens.

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Answered on May 14, 2017 8:46 pm