am i obligated to pay for a service that happened without my knowledge or consent while i was not at home?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

am i obligated to pay for a service that happened without my knowledge or consent while i was not at home?

a heating oil company put 45 gallons of oil in my tank while i was at work today,and left a
note saying they were at the wrong house.they want me to call them, but before i call,i want
to know if i am legally obligated to pay for the oil.i have never used this company ,and didn’t
ask for a delivery,as my tank was filled 2 weeks ago by my regular oil company.

Asked on December 13, 2016 under Business Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Basically, you can't keep the oil without paying for it, or at least allowing the oil company to pump the oil out. The fact is that if you keep something wrongfully delivered to you, you have accepted it. To then allow you to keep it without paying for it would constitute "unjust enrichment", somthing which the law (and so a judge) will disfavor. That having been said, so along as you offer them the opportunity to reclaim their oil, if they decline to do so and try to sue you for the money instead, you could raise as a defense that the delivery was made in error and you gave them the opportunity to correct that error. Accordingly, you should put your offer to let them reclaim their oil in writing and send it return receipt requested (so that you can prove delivery).


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption