Legal Question in Consumer Law in New Jersey

Re: theft

Bad luck, but even worse if you push it. The couch was intended to be delivered where it sat at the time of sale. Therefore, once the deposit was given and the goods were "identified to the contract", the risk of loss shifted from the seller to the buyer. Absent more, the seller could actually sue you to recover the balance of the full sale price.

That changes if there was an understanding or a direct statement that the seller would care for the couch until you returned to get it. In that case, the seller would be responsible as a bailee much the same as a warehouseman would. But, the fact that you though that the seller would care for your couch or that that this would be obvious is not enough. There has to be an affirmative undertaking by the seller to do that.

Sorry.

See also: http://info.corbettlaw.net/lawguru.htm