Legal Question in Civil Litigation in California
But I did not order it...
Am I legally required to pay if I receive/sign for an item that I never ordered but do indeed keep it? For example, a previous tenant ordered some tiles for the floor but moved out before they arrived. When I moved in, I received/signed for the package and used the tiles on the floor, but did not pay for it. Later on, the vendor billed me instead of the former tenant and took me to small claims court. What arguments can I make? Any legal precedences that support my position of not paying?
1 Answer from Attorneys
Re: But I did not order it...
You knew the tiles weren't yours but you still signed for them, kept them and used them. This is what we lawyers call conversion.
By signing for the tiles you held yourself out as the intended recipient. Having benefited from that claim, the law won't let you also benefit by making the opposite claim. This is what lawyers call estoppel.
You have to pay for the tiles.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
