Legal Question in Consumer Law in Louisiana

I bought a pair of glasses. I had to pay half for them to order them. When they came in I went and paid they told me they were busy and training. Instead of taking the money they credited my card they stopped the payment. So for two months I thought they were paid. Now they want the money that I thought I had paid. Now they are calling wanting the money which I don’t have. Am I obligated to pay for their mistake. Thank you, Emily Toepfer


Asked on 1/19/18, 7:53 am

1 Answer from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

Even though they mistakenly credited the money, since they were never actually paid, yes, you still have to pay for the glasses. There is a theory of law called "unjust enrichment" which holds that if you are unjustly enriched at someone else's expense (even if it was due to their error), you still have to make it right and pay for what you received. Since you did get the glasses and have not paid for them, you are obligated to pay for them now that the mistake has been discovered. I would not agree to pay any penalty or interest, given that the mistake was theirs, but I would still advise you to pay for what you were given.

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Answered on 1/19/18, 11:56 am


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