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Old 03-22-2019, 05:38 PM
 
Location: Eugene, Oregon
8,994 posts, read 2,939,193 times
Reputation: 13477

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Quote:
Originally Posted by ClaraC View Post
They weren't demanding payment, they were demanding the TV back.

I learned this in business law.

If you receive an item that you didn't order and didn't pay for, you are not required to put effort into giving it back unless the item is over a specific value. At that point, you are required to make a minimal effort to alert the owner, and are not to impede his getting the item back if he comes to collect it. Obviously, if the owner discovered it's been misdelivered, the same thing applies - you have to give it back.

If you receive a service that you didn't order, such as getting your lawn mowed, and you return from work to discover your lawn has been mowed you don't owe the company who mistakenly mowed your lawn. If you are there, and witness the landscapers setting up and then mowing your lawn, you are required to inform them you aren't going to pay.

God, I loved that class. ;D
When I was a kid, we went to our family's farm and found that a guy with a tractor was plowing our largest, unfenced field. We hadn't ordered any plowing and didn't know the guy. My dad went up to him and informed him of his mistake. He was very apologetic and said he'd gotten the address confused.

But my dad asked him how much he charged for plowing and getting a reasonable price, told him to continue and he'd pay him. Then he asked him to come back and harrow it into fine bits and drill it with ryegrass seed for a hay crop. This guy became a lifelong friend of our family and when I was 16, he gave me a summer job working with him. The way my dad handled this gave me a good lesson in life----always treat other people kindly and don't take advantage of their mistakes and they'll repay you many times over.
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Old 03-22-2019, 05:48 PM
 
9,867 posts, read 3,926,184 times
Reputation: 24899
Quote:
Originally Posted by Steve McDonald View Post
When I was a kid, we went to our family's farm and found that a guy with a tractor was plowing our largest, unfenced field. We hadn't ordered any plowing and didn't know the guy. My dad went up to him and informed him of his mistake. He was very apologetic and said he'd gotten the address confused.

But my dad asked him how much he charged for plowing and getting a reasonable price, told him to continue and he'd pay him. Then he asked him to come back and harrow it into fine bits and drill it with ryegrass seed for a hay crop. This guy became a lifelong friend of our family and when I was 16, he gave me a summer job working with him. The way my dad handled this gave me a good lesson in life----always treat other people kindly and don't take advantage of their mistakes and they'll repay you many times over.
I have an acquaintance who came home from work and someone had broken into her home and cleaned it. Spotless.

haha. I think we can all guess what happened, and like a lot of people, she had left her key under her door mat, and the housekeeping service went to the wrong address.

Somehow she found out who had broken in and cleaned her house - maybe they had a car with advertisements on the sign parked in her driveway - but anyway. She called them and hired them.

They'd done a really good job. ;D
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Old 03-22-2019, 06:01 PM
 
9,971 posts, read 4,581,849 times
Reputation: 15168
Quote:
Originally Posted by ClaraC View Post
They weren't demanding payment, they were demanding the TV back.

I learned this in business law.

If you receive an item that you didn't order and didn't pay for, you are not required to put effort into giving it back unless the item is over a specific value. At that point, you are required to make a minimal effort to alert the owner, and are not to impede his getting the item back if he comes to collect it. Obviously, if the owner discovered it's been misdelivered, the same thing applies - you have to give it back.

If you receive a service that you didn't order, such as getting your lawn mowed, and you return from work to discover your lawn has been mowed you don't owe the company who mistakenly mowed your lawn. If you are there, and witness the landscapers setting up and then mowing your lawn, you are required to inform them you aren't going to pay.

God, I loved that class. ;D
Meaning he should have told them it is on the front porch, feel free to come pick it up by Friday or it is forfeited.
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Old 03-22-2019, 06:06 PM
 
6,391 posts, read 1,270,617 times
Reputation: 16223
I would like to know where one draws the line. I ordered a set of dinnerware from a national department store chain, and the wrong set was delivered. (Each set cost almost exactly the same, slightly less than $200 total.) I called the company, and they said to send it back. I said that I was a senior citizen, and I would not mail the set back because it was very heavy and would be a major pain for me to do so, but that someone from one of their local stores could come and pick it up. They did not do this, but they sent me a replacement set for what I ordered, but that set contained broken pieces! I then notified the company AGAIN, and they said they would send another set, but they did not do this. Now I have two sets of dinnerware just sitting here unused, as one set is broken and one set that I never wanted, for which I paid almost $200 for the original set I ordered. (So it was like I bought one set for which I got the wrong set sent, and got another defective set free.) This happened three years ago.

Opinions welcome as to what I should do at this late date, but the lesson for me was to never order anything breakable unless it is very inexpensive and/or easy to return.

Last edited by katharsis; 03-22-2019 at 06:26 PM.. Reason: Edited for more clarity (I hope) due to the below post.
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Old 03-22-2019, 06:10 PM
 
Location: A Yankee in northeast TN
10,372 posts, read 14,216,741 times
Reputation: 22837
Quote:
Originally Posted by katharsis View Post
This happened three years ago.

Opinions welcome as to what I should do at this late date, but the lesson for me was to never order anything breakable unless it is very inexpensive and/or easy to return.
I doubt that three years later you have any recourse. But at the time the damage claim should have been filed against whoever delivered the dinnerware, fedex, ups, etc.
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Old 03-22-2019, 06:23 PM
 
6,391 posts, read 1,270,617 times
Reputation: 16223
Quote:
Originally Posted by DubbleT View Post
I doubt that three years later you have any recourse. But at the time the damage claim should have been filed against whoever delivered the dinnerware, fedex, ups, etc.
Thanks, but I what I would like to know is what, if anything, I owe the company who made the mistake.
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Old 03-22-2019, 10:13 PM
 
Location: Eugene, Oregon
8,994 posts, read 2,939,193 times
Reputation: 13477
Once, my family came home to find an entire McDonald's restaurant in boxes in front of our garage. Everything needed for a restaurant, except the building was there, piled in a stack as high as the roof. We gave it back, but it wasn't easy. It took 10 days to find who the rightful recipient was and have it taken away. We couldn't put our cars in the garage during that time and fortunately, none of them were inside when the boxes were dumped. You'd think the owners of the new restaurant would have thanked us or given us some coupons for a few hamburgers, but we never heard a word from them.

My theory is that the trucker hauling them rolled into town on a Sunday and the construction of the restaurant building where they were to be delivered had been delayed. So looking in the phone book, the driver found our address at the top of the listing for those with our name and took them 5 miles across town to our house.

For years, when I still had a landline phone, I'd get calls from people wanting to order fast food to go. I'd always tell them I was sorry, but the restaurant had been closed down by the Health Department.
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Old 03-22-2019, 10:54 PM
 
10,171 posts, read 2,602,085 times
Reputation: 6963
Quote:
Originally Posted by Robert20170 View Post
It's called doing things how you were trained to do them. Do they train you at your job? If so, don't they expect you to follow it?
That would depend on the situation.


For police to literally surround a guys house, that was wanted for illegally receiving/stealing a tv...really? LOL


Im not saying what the guy did was justified or OK, I just think its goofy police went completely overboard in arresting him.
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Old 03-23-2019, 05:38 AM
 
20,293 posts, read 16,464,754 times
Reputation: 38092
Quote:
Originally Posted by DubbleT View Post
The carrier mis delivered, not Amazon, they would be the ones on the hook for the cost of the replacement. If fed ex loses my package I contact fed ex, not the retailer who shipped it out.
And who do you think pays for all these things in the end? We do via higher costs.
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Old 03-23-2019, 05:40 AM
 
20,293 posts, read 16,464,754 times
Reputation: 38092
Quote:
Originally Posted by rstevens62 View Post
That would depend on the situation.


For police to literally surround a guys house, that was wanted for illegally receiving/stealing a tv...really? LOL


Im not saying what the guy did was justified or OK, I just think its goofy police went completely overboard in arresting him.
Thatís what they do now. After 911 they were all given all sorts of military equipment and they live to play dress up and soldier and use it all. What fun is knocking on the door, lol?
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