Seller sent wrong item; i kept it and asked for refund on original

[thepizzaguy]

Absolutely. The very definition cited for unsolicited goods rules this particular situation out. Bringing it up is only giving the poster false hope, and reporting JETX for saying so is beyond childish.


And to touch on a few of the points the OP raised, your actions can have repercussions both civilly and criminally. A few potential civil causes of action off the top of my head: conversion, theft, possibly fraud, unjust enrichment. I am certain there are criminal statutes to cover this as well, but I don't have the time to comb through them to determine which they might be.

And as far as gorss negligence goes, yes, it happens to be a very high standard. However, selling the item will easily satisfy it. Had you stored it somewhere and it was stolen, you might be able to wiggle away. But you took deliberate actions, (and profited from them!) and so don't expect this to be a defense.

Finally, it doesn't matter if the goods were a loaf of bread, a stock certificate or a Picasso, possession does not equal ownership. Two very different interests.

JETX's post didn't get removed because of his legal opinion. It was deleted because of his insult. I would bet dollars to donuts he wouldn't have the guts to call me an idiot to my face nor should he be doing it on the internet. It is amazing how courageous people become when they are cloaked in anonymity

 

[You Are Guilty]

JETX's post didn't get removed because of his legal opinion. It was deleted because of his insult. I would bet dollars to donuts he wouldn't have the guts to call me an idiot to my face nor should he be doing it on the internet. It is amazing how courageous people become when they are cloaked in anonymity

You're from NY? (I am). If so, you almost certainly are called idiot (and much worse) on a daily basis. So I find it difficult to believe that someone doing so on an internet forum really disturbed you that much.

Back to the OP: the law excuses a company's legitimate mistake. This is clearly a case of unintentional error on their part. On the other hand, your "error" was far from unintentional. Therein lay the difference. So while you may not have the item to return to them, you will, one way or another, be on the hook for reimbursing them for its value.

 

[thepizzaguy]

You're from NY? (I am). If so, you almost certainly are called idiot (and much worse) on a daily basis. So I find it difficult to believe that someone doing so on an internet forum really disturbed you that much.

Back to the OP: the law excuses a company's legitimate mistake. This is clearly a case of unintentional error on their part. On the other hand, your "error" was far from unintentional. Therein lay the difference. So while you may not have the item to return to them, you will, one way or another, be on the hook for reimbursing them for its value.

So I am a sensitive person. LOL ;-) Anyway if you really want the last word that badly, carry on

 

[You Are Guilty]

So I am a sensitive person. LOL ;-) Anyway if you really want the last word that badly, carry on

You're welcome to it. If it bothered you that much, like, broke-down-in-tears-and-sent-into-a -spiral-of-depression type of bother, then let me know and I can file a case on your behalf. I hear JETX is rich.