Is a buyer liable for a selller’s mistake?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is a buyer liable for a selller’s mistake?

I ordered 2 ounces of silver and by their human error sent me 22 ounces. On my invoice it said I ordered 2 and they had picked 22 and initialed the quantity; it was confirmed by another supervisor and initialed as correct. Do I have to return it? I already told them about the error.

Asked on January 28, 2013 under Business Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you told them about their error, they need to send you a package to return the exta amount because you did not contract for 22 ounces, you only contracted two ounces.  To allow you to keep the remaining amount is considered unjust enrichment.


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