Legal Question in Consumer Law in New Jersey

Oil company put oil in home tank by mistake-not my company.

An oil company put oil in my home tank by mistake. The company should have delivered the oil to the house next door. I only knew about it when I came home and found the notice that they had let in my mailbox telling me they delivered oil to me. The motice left by the company clearly states the name of the neighbor and the neighbors address. Since the oil company made the mistake do I have to pay for the oil? This company is not my oil compamy.


Asked on 11/30/05, 8:29 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Oil company put oil in home tank by mistake-not my company.

As you have decribed the facts, it would surprise me if a court made you pay. You do not have a contract with the company that delivered it and you did nothing to cause the company's error. With a different type of product, you might be obligated to return it (at the oil company's expense) but this cannot be done with oil. So, sit tight and see what develops. Certainly, don't pay anything except by dealing through a lawyer.

Use some caution with the company that has your delivery contract. This is another reason for consulting a lawyer. Your contract may be a "requirements contract" which obligates you to buy all of your seasonal fuel oil needs from your usual supplier. If that is the case, then you may be in technical breach of that contract. In that case, you should offer your usual supplier the profit (not the full price) that they would have made on that sale. That will require a little negotiation because they will want to compute profit differently than you. Again, check with your lawyer.

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Answered on 12/01/05, 12:59 am


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