Legal Question in Business Law in Rhode Island

Question about Consumer Purchase

I purchased flowers over a the phone from a florist in February of 97 and gave them my credit card to bill. The order went through.

In August of 97 I received a letter from the florist saying that they never charged my credit card from 6 months ago. I checked my statements, and in fact I was not charged.

I wanted to know if I have to pay for the purchase. I could understand if a month later they informed me that they forgot to bill me, but six months seems a little long.

Just wanted an opinion on what to do.


Asked on 9/24/97, 12:48 pm

5 Answers from Attorneys

Consumer Purchase

Under contract law you received goods. The factthat the goods were not billed for six months has no bearing on the debt. The statute of limitations on oral contracts is usually 1-3 years. I do not know of any statute that puts a time limitation on billing except for the statute of limitation which might apply. Of course I have not done in depth research on the question and their could be statutes and case law of which I am not familiar in your jurisdiction.

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Answered on 9/24/97, 2:57 pm
Gerald Hershenson Law Office of Gerald M. Hershenson

Credit Card Order

Although I am not a licensed attorney from your state, in my opinion a legal contract wasmade. You are liable for the services and product supplied even though there was asubstantial delay. If the flowers that were delivered were not as represented you couldrefuse payment. Arguing the delay as a reason for non payment would not be valid.A check is required to be deposited withinsix months, but I am not aware of any limitations for time for credit card.

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Answered on 9/24/97, 2:57 pm
Gary Preble Preble Law Firm, P.S.

If it really feels good, why not.

(1) If you are comfortable with being a liar and a thief, don't pay it. See if they come after you.(See http://www.wa.gov/courts/rules/state/rpc/rpc018.txt. Second sentence.)

(2) The law of your state tells you how long the florist has to sue you for breach of contract.

(3) You're the reason lawyers take their money up front. (See http://www.wa.gov/courts/rules/state/rpc/rpc018.txt. First sentence.)

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Answered on 9/24/97, 3:27 pm

Credit card purchase of flowers.

You absolutely owe the money and should let them charge it. I'm surprised they were nice enough to call you (unless the card had reached the expiration date). Sorry. Maybe you could jokinglytell them that the flowers have died and you're sending them back now and don't want them anymore.But I have a wierd sense of humor.

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Answered on 9/24/97, 3:32 pm
Bonnie Selby Bonnie J. Selby, Attorney at Law

RECEIVED THE SERVICE?

IF YOU RECEIVED THE BENEFIT OF THE SERVICE, WHY WOULD YOU QUESTION THE OBLIGATION OWED?SOMETHING FOR NOTHING?? I DON'T THINK SO!WOULD YOU HAVE BEEN UPSET HAD THE FLORIST NOT DELIVERED YOUR ORDER ON TIME?

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Answered on 9/24/97, 8:20 pm


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