Legal Question in Consumer Law in Massachusetts

undordered merchandise

An oil company that I don't use nor have I ever used delivered 150 gallons of heating oil in error. Left a note stating he delivered in error and to contact him on how to resolve the situation. Is it legal for him to make me pay for this unordered merchandise. Is this a gift where it was not ordered?


Asked on 12/02/07, 11:52 am

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: undordered merchandise

If you obtain a benefit from the heating ooil, and it was an honest error, he has a claim in quantum meruit and or "money hjad and received." It is not the best claim, nor the worst. Pay the man -- but stick to the provable wholesale cost of heating oil at his pick-up site that day. He should get his fuel paid for so he does not incur a loss, but he is not due the mark-up for profit.

Ask your neighbors if THEY had similar notes before you contact him, however. If they all did, it's a scam, and he should get his proper due for it -- a business loss for an unfair and deceptive act or practice. (I doubt this is the case, given what it would cost to empty the tanks for such a scam.)

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Answered on 12/03/07, 7:43 am


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