Legal Question in Credit and Debt Law in Wisconsin

unordered and unwanted oil delivery

I had decided to change oil company to cheaper one and told the oil co. i had been dealing with not to send me any more oil. previously i had told them when they were going to deliver oil to notify me which they refused to do. They delivered oil when i wasnt home. i didnt even know it and ordered from another oil co. they admit the oil was delivered in error but onsist i pay for it. am i obligated to pay?


Asked on 4/01/99, 11:01 pm

1 Answer from Attorneys
Susan Freiman The Legal Clinic

Re: unordered and unwanted oil delivery

First you must check any and all written contracts you have with the oil company. Are you permitted to cancel the contract? If so, under what circumstances? Who is responsible for "erroneous" shipments? ETc.

Assuming there is no contradictory provision in the contract, and the custom was for all orders to be placed and accepted by telephone, it does not appear you would be liable for this shipment. Call them and make an appointment for them to pick up the oil, and follow this with a letter, sent registered mail return receipt requested, confirming the appointment. You must notify the company of cancellation of the contract in the same way.

Please note that no lawyer can give proper legal advice under these circumstances, by email, without opportunity to question you to obtain all the relevant facts. You should consult a lawyer. If you cannot afford one, see your Legal Aid Scoiety. Msot bar associations also have panels of lawyers willing to work at reduced fees.

Good luck!

Susan Freiman

The Legal Clinic

P.O. Box 9407, Herzlia Street 29


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Answered on 4/07/99, 10:51 pm


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