Legal Question in Credit and Debt Law in Virginia

When a company sends you something you did not order do I have a legal obligatio

I odered 1 computer they sent me 3 thur no fault of my own. I have a reciept for all 3 marked paid this not a bill,for each one seperatly.They have sent letters which states that I may owe on these computers but always in the letter theres a bill marked paid, somewhere in the corespondence


Asked on 5/19/00, 11:43 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: When a company sends you something you did not order do I have a legal oblig

What Dan Hawes sent to you is indeed the law, but it is not the law applicable to your situation, since you did order one and they sent 3 by mistake (they did not send you the extras trying to sell them to you on approval, which is what that law covers). You do have a legal obligation to return (at their expense) the computers that were erroneously sent you to you. You have no obligation to pay for them unless you want to keep them.

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Answered on 7/05/00, 11:36 am
Daniel Hawes Hawes & Associates

Re: When a company sends you something you did not order do I have a legal oblig

I note that you asked a legal question, not a moral question, so I do not address the issue of whether you SHOULD send them back. And I answer the legal question by quoting the Contracts title from the Code of Virginia verbatim, of which you may make what you will:

� 11-2.2. Unsolicited goods deemed gift to recipient.

"If any person,

firm, partnership, association or corporation, or any agent or employee

thereof, shall in any manner or by any means offer for sale goods, wares

or merchandise when the offer includes the voluntary and unsolicited

sending of any goods, wares or merchandise not actually ordered or

requested by the recipient, either orally or in writing, then the sender

of any such unsolicited goods, wares or merchandise shall for all purposes

be deemed to have made an unconditional gift to the recipient thereof, who

may use or dispose of such goods, wares or merchandise in any manner he

deems proper without any obligation to return the same to the sender or to

pay him therefor."

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Answered on 7/04/00, 4:58 pm


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