Are you responsible to pay for an oil delivery that you did not request?

Are you responsible to pay for an oil delivery that you did not request. I do not even use the company but they are claiming that I must pay due to unjust enrichment. Can you please advise on how to handle? Thanks

Asked on December 9, 2011 under General Practice, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you keep or use the oil, you would have to pay for it.You are not allowed to keep the oil, even if it came to you in error, without paying.

But if you offer to allow them to pump the oil out and take it back, you should not be responsible for the cost--even if they decided to not do so for some reason. The key thing then is to offer the company the opportunity to recover their oil; do in writing, in some way that you can prove delivery of the letter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.