Unsolicited Goods

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Contract Law
Part of the common law series
Contract
Contract formation
Offer and acceptance  · Mailbox rule
Mirror image rule  · Invitation to treat
Firm offer  · Consideration
Defenses against formation
Lack of capacity to contract
Duress  · Undue influence
Illusory promise  · Statute of frauds
Non est factum
Contract interpretation
Parol evidence rule
Contract of adhesion
Integration clause
Contra proferentem
Excuses for non-performance
Mistake  · Misrepresentation
Frustration of purpose  · Impossibility
Impracticability  · Illegality
Unclean hands  · Unconscionability
Accord and satisfaction
Rights of third parties
Privity of contract
Assignment  · Delegation
Novation  · Third party beneficiary
Breach of contract
Anticipatory repudiation  · Cover
Exclusion clause  · Efficient breach
Fundamental breach
Remedies
Specific performance
Liquidated damages
Penal damages  · Rescission
Quasi-contractual obligations
Promissory estoppel
Quantum meruit
Subsets: Conflict of law
Commercial law
Other areas of the common law
Tort law  · Property law
Wills and trusts
Criminal law  · Evidence

In the law of the United Kingdom unsolicited Goods are goods delivered to an individual with a view to the individual receiving them and where the individual has no reasonable cause to believe that they were delivered for legitimate business and had not previously agreed to acquire them.[1] These were regulated under the Unsolicited Goods Act 1971 but the Consumer Protection (Distance Selling) Regulations 2000 are stricter in every respect rendering the 1971 Act redundant although there is no express repeal.

Contents

[edit] Rights of the Recipient

The "recipient may [...] use, deal with, or dispose of the goods as if they were an unconditional gift to him"[2] and "[t]he rights of the sender to the goods are extinguished"[3]

Under the 1971 Act, the recipient is obliged to the reasonable of the goods for a period of time.

[edit] Criminal Liability of the Sender[4]

Under the Consumer Protection Regulations 2000 it is a criminal offence to:

  • Assert a right of payment for the goods.[5]
  • Threaten to take legal action with regard the goods.[6]
  • Threaten to Place the recipients name on a 'black-list'.[7]
  • Invoke or threaten to invoke any collection procedure.[8]

This is important as if the individuals is not aware that they have legal title to the goods, they may unjustly enrich the sender. The fine amounts up to Level 5 on the standard scale, besides the first offence which is measured up to Level 4 on the standard scale.

[edit] See also

Consumer Protection (Distance Selling) Regulations 2000

[edit] References

  1. ^ Consumer Protection (Distance Selling) Regulations 2000 reg 24(1).
  2. ^ reg 24(2)
  3. ^ reg 24(3)
  4. ^ Formerly regulated under the Unsolicited Goods Act 1971, s2
  5. ^ reg 24(4)
  6. ^ reg 24(5)(a)
  7. ^ reg 24(5)(b)
  8. ^ reg 24(5)(c)