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Old 12-04-2006, 07:16 PM   #10 (permalink)
yendor28

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Join Date: Dec 2002
Location: australia
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Quote:
Originally Posted by Tone C
How does the law stand on the issue?I think that you are a lawyer or similar from other stuff I read(although I'm probably totally wrong!!!)

Over here if something is delivered to you incorrectly,you are obligated to tell the sender.It is their responsibility to collect it.If they dont do so within an alloted period it legally becomes yours...Anything like that over there?
Great point.

The law here is complicated - i.e open for interpretation.

If the situation is that I mistakenly received something that I was not supposed to, then I am obligated to return it. It is NOT stealing until the moment I REALISE that I SHOULD NOT HAVE IT. Thus just having it is not stealing, there is a mental element also.

However, I distinguish the above situation as I have not mistakenly received something. I have followed procedures with my warranty and received benefits. Admittedly the benefits were greater than I was legally entitled to but they were gifts KNOWINGLY given thus are now mine.

Thus, either way legally I am safe. Even if I was in the wrong, they would struggle to retrieve the goods or take action due to the small sums of money involved and larger costs of taking action.


Its just the moral thing. Good suggestions. I will probably give it to charity if I can think of a good one or my brother.
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