Legal Question in Business Law in California

Is it legal to send something through the mail to member of a club with the explanation that if they don't return it, they will charge you $10?

If the member does not return or pay for the item, they will add it your bill.

No previous documents signed that allows that kind of fund raising.


Asked on 12/03/10, 8:45 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In general, the law considers the delivery of an un-ordered item as a gift, but if the sender can add it to your bill tellse me there must be a pre-existing business relationship of some kind, and the terms, customs and prior traditions of that relationship might alter the parties' legal positions and give rise to liability to return or pay. More likely not, but "might."

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Answered on 12/08/10, 9:16 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney this brings back a memory. Time-Life books, sold over the phone (usually) and sent out via mail. Keep it and they charge you the stated amount. Usually there were not written agreements per se, just an invoice containing how things worked. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 12/08/10, 11:25 am


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