On Mon, 1 Sep 2003 09:38:48 +0100, "Christian McArdle"
wrote:

Does to me. Do you know for a fact that there has been a court case to
the contrary?

The term "unsolicited goods" has a very specific legal meaning. It doesn't
mean anything that comes through the post that you didn't specifically
order. It means goods KNOWINGLY and INTENTIONALLY sent by the supplier in
the hope that they can bully you into paying for it. For example, if out of
the blue, a company sent you an expensive book and asked you to return your
payment (or the book if you don't want it), then it is unsolicited goods and
you can keep the book. If out of the blue, amazon sent you a book and didn't
ask for money, but it was obviously sent in error (i.e. to the wrong
address, or additional to an order you had made), then it is not unsolicited
goods and you can't just keep it.

Christian.

Well what the regulations say is" if unsolicited goods are sent to a
person ("the recipient") with a view to his acquiring them".... then
certain things follow [1 & 2]. If you receive goods addressed to
*you* at your address then it seems a reasonable assumption that the
sender intended you to acquire them. If they are sent to your address
but to someone who doesn't actually live there, then perhaps a mistake
has been made and the sender *didn't* intend that *you* should acquire
them.

[1] Since 31st October 2000, if you receive goods that you have not
ordered then you can treat the goods as an unconditional gift and deal
with or dispose of the goods as you wish. You have no obligation to
return the goods to the sender nor to permit the sender to retrieve
the goods.

[2] If the sender demands payment for the goods he is committing a
criminal offence.

The Sale of Goods Act doesn't apply because there is no contract in
place. The Consumer Protection (Distance Selling) Regulations 2000
(SI 2334) do apply. See Regulation 24.

http://www.legislation.hmso.gov.uk/s.../20002334.html

Chris Ward.