Unsolicited Goods and Services - Revision history

Drew Jackson at 15:45, 13 October 2018

2018-10-13T15:45:43Z

← Older revision		Revision as of 15:45, 13 October 2018
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	== Summary of the law==		== Summary of the law==
			[[File:Consumer_Law_and_Debt_-_Unsolicited_Goods_and_Services.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	In general, contracts must be made by mutual agreement (see the [[Contracts Overview]]). One party cannot usually impose a contract or an obligation on another person. For example, if a person performs a service without being requested, or if a person delivers a product without the consumer contracting for that product, the consumer is usually under no obligation to pay for the service or product. The consumer may feel morally obligated, but they are not legally obligated.		In general, contracts must be made by mutual agreement (see the [[Contracts Overview]]). One party cannot usually impose a contract or an obligation on another person. For example, if a person performs a service without being requested, or if a person delivers a product without the consumer contracting for that product, the consumer is usually under no obligation to pay for the service or product. The consumer may feel morally obligated, but they are not legally obligated.

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	== Solving the problem==		== Solving the problem==
	~~[[File:Consumer_Law_and_Debt_-_Unsolicited_Goods_and_Services.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]~~
	You must clearly distinguish between unsolicited goods or services, and solicitations for goods or services to which the consumer has responded. If goods or services meet the description of unsolicited goods or services as described in the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], then the client has no responsibility.		You must clearly distinguish between unsolicited goods or services, and solicitations for goods or services to which the consumer has responded. If goods or services meet the description of unsolicited goods or services as described in the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], then the client has no responsibility.

Elena Renderos at 03:33, 5 October 2018

2018-10-05T03:33:54Z

← Older revision		Revision as of 03:33, 5 October 2018
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	== Related topics and materials==		== Related topics and materials==
	See the other sections on making a purchase:		See the other sections on making a purchase:
	* Sale of Goods ~~Law~~		* [[Sale of Goods Law]]
	* Deposits in Consumer ~~Transactions~~		* [[Deposits in Consumer Transactions]]
	* Misleading ~~Advertising~~		* [[Misleading Advertising]]
	* Unfair or Deceptive ~~Practices~~		* [[Unfair or Deceptive Practices]]
	* ~~Leases~~		* [[Leases]]

	See related topics:		See related topics:
	* Contract Remedies		* [[Contract Remedies]]
	* Contracts ~~Overview~~		* [[Contracts Overview]]
	* Opting Out and Cooling-off ~~Periods~~		* [[Opting Out and Cooling-off Periods]]

	See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/making-purchase making a purchase].		See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/making-purchase making a purchase].

Elena Renderos at 05:12, 20 September 2018

2018-09-20T05:12:33Z

← Older revision		Revision as of 05:12, 20 September 2018
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	== Solving the problem==		== Solving the problem==
			[[File:Consumer_Law_and_Debt_-_Unsolicited_Goods_and_Services.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	You must clearly distinguish between unsolicited goods or services, and solicitations for goods or services to which the consumer has responded. If goods or services meet the description of unsolicited goods or services as described in the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], then the client has no responsibility.		You must clearly distinguish between unsolicited goods or services, and solicitations for goods or services to which the consumer has responded. If goods or services meet the description of unsolicited goods or services as described in the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], then the client has no responsibility.

Elena Renderos at 00:33, 17 September 2018

2018-09-17T00:33:11Z

← Older revision		Revision as of 00:33, 17 September 2018
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	See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/making-purchase making a purchase].		See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/making-purchase making a purchase].


	{{Consumer and Debt Law Navbox\|type = consumer}}		{{Consumer and Debt Law Navbox\|type = consumer}}

Elena Renderos at 21:42, 16 September 2018

2018-09-16T21:42:00Z

← Older revision		Revision as of 21:42, 16 September 2018
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	* there is a breach of the sale agreement by the seller (such as through a defect in the goods or services, or through a misrepresentation by the seller).		* there is a breach of the sale agreement by the seller (such as through a defect in the goods or services, or through a misrepresentation by the seller).

	In situations where the consumer has responded to some form of solicitation (for example, by mail, radio or TV), you may find a specific term in the contract that allows the consumer to get out of it (see the section on Opting Out and Cooling-off Periods). It is a common marketing practice for such sellers to offer a limited-time return of the goods for any reason. The matter may be resolved simply by the consumer returning the goods to the seller and requesting a refund.		In situations where the consumer has responded to some form of solicitation (for example, by mail, radio or TV), you may find a specific term in the contract that allows the consumer to get out of it (see the section on [[Opting Out and Cooling-off Periods]]). It is a common marketing practice for such sellers to offer a limited-time return of the goods for any reason. The matter may be resolved simply by the consumer returning the goods to the seller and requesting a refund.

	== Related topics and materials==		== Related topics and materials==

Elena Renderos at 21:41, 16 September 2018

2018-09-16T21:41:41Z

← Older revision		Revision as of 21:41, 16 September 2018
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	== Summary of the law==		== Summary of the law==
	In general, contracts must be made by mutual agreement (see the Contracts Overview). One party cannot usually impose a contract or an obligation on another person. For example, if a person performs a service without being requested, or if a person delivers a product without the consumer contracting for that product, the consumer is usually under no obligation to pay for the service or product. The consumer may feel morally obligated, but they are not legally obligated.		In general, contracts must be made by mutual agreement (see the [[Contracts Overview]]). One party cannot usually impose a contract or an obligation on another person. For example, if a person performs a service without being requested, or if a person delivers a product without the consumer contracting for that product, the consumer is usually under no obligation to pay for the service or product. The consumer may feel morally obligated, but they are not legally obligated.

	The ''[http://canlii.ca/t/84mr Business Practices and Consumer Protection Act]'' deals specifically with the situation of unsolicited goods and services. Essentially, the Act clarifies how common-law principles would probably be applied. [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec12_smooth Section 12] of the Act says that consumers have no legal obligation to pay for unsolicited goods or services unless they specifically acknowledge in writing to the seller that they intend to accept the goods or services.		The ''[http://canlii.ca/t/84mr Business Practices and Consumer Protection Act]'' deals specifically with the situation of unsolicited goods and services. Essentially, the Act clarifies how common-law principles would probably be applied. [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec12_smooth Section 12] of the Act says that consumers have no legal obligation to pay for unsolicited goods or services unless they specifically acknowledge in writing to the seller that they intend to accept the goods or services.

Elena Renderos at 23:29, 3 September 2018

2018-09-03T23:29:28Z

← Older revision		Revision as of 23:29, 3 September 2018
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	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}

	If a person receives goods or services that are unsolicited (not requested), they are usually under no obligation to pay for the product or service.		If a person receives goods or services that are '''unsolicited''' (not requested), they are usually under no obligation to pay for the product or service.

	== Client problems==		== Client problems==

Elena Renderos at 23:27, 3 September 2018

2018-09-03T23:27:33Z

← Older revision		Revision as of 23:27, 3 September 2018
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	* Client ordered a product in response to a mail solicitation and wants to get out of the contract.		* Client ordered a product in response to a mail solicitation and wants to get out of the contract.

			== Summary of the law==
			In general, contracts must be made by mutual agreement (see the Contracts Overview). One party cannot usually impose a contract or an obligation on another person. For example, if a person performs a service without being requested, or if a person delivers a product without the consumer contracting for that product, the consumer is usually under no obligation to pay for the service or product. The consumer may feel morally obligated, but they are not legally obligated.

			The ''[http://canlii.ca/t/84mr Business Practices and Consumer Protection Act]'' deals specifically with the situation of unsolicited goods and services. Essentially, the Act clarifies how common-law principles would probably be applied. [https://www.canlii.org/en/bc/laws/stat/sbc-2004-c-2/latest/sbc-2004-c-2.html#sec12_smooth Section 12] of the Act says that consumers have no legal obligation to pay for unsolicited goods or services unless they specifically acknowledge in writing to the seller that they intend to accept the goods or services.

			Unsolicited goods or services are defined as goods or services that are supplied to a consumer who did not request them. Unsolicited goods or services do not include goods or services that the consumer knew, or ought to have known, were intended for delivery to another person. For example, a consumer cannot keep the fridge a department store mistakenly delivers to their carport when it was obviously intended for a neighbour across the street.

			Most consumers regularly encounter instances of unsolicited goods. For example, small sample items delivered door-to-door for which the manufacturer has no expectation of payment but hopes will encourage consumers to purchase the full-size product. Consumers may also receive solicitations for goods, rather than the goods themselves, through junk mail advertising. The consumer only becomes liable to pay for the product if they specifically order it.

			Finally, consumers may receive relatively small items (for example, greeting cards) mailed out by businesses or charities in the hope that consumers will pay for the items. In this last instance, the law clearly says consumers are not legally responsible to pay for the goods and can keep the goods and use them as they wish.

			== Information gathering==
			Gather and confirm all information about the unsolicited goods or services.

			== Solving the problem==
			You must clearly distinguish between unsolicited goods or services, and solicitations for goods or services to which the consumer has responded. If goods or services meet the description of unsolicited goods or services as described in the [http://canlii.ca/t/84mr ''Business Practices and Consumer Protection Act''], then the client has no responsibility.

			If the consumer has responded to a solicitation by ordering goods or services, then the usual principles of contract law apply. In general, the consumer does not have a legal right to get out of the agreement unless:
			* there is a specific term in the contract between the parties that allows this, or
			* there is a breach of the sale agreement by the seller (such as through a defect in the goods or services, or through a misrepresentation by the seller).

			In situations where the consumer has responded to some form of solicitation (for example, by mail, radio or TV), you may find a specific term in the contract that allows the consumer to get out of it (see the section on Opting Out and Cooling-off Periods). It is a common marketing practice for such sellers to offer a limited-time return of the goods for any reason. The matter may be resolved simply by the consumer returning the goods to the seller and requesting a refund.

			== Related topics and materials==
			See the other sections on making a purchase:
			* Sale of Goods Law
			* Deposits in Consumer Transactions
			* Misleading Advertising
			* Unfair or Deceptive Practices
			* Leases

			See related topics:
			* Contract Remedies
			* Contracts Overview
			* Opting Out and Cooling-off Periods

			See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/making-purchase making a purchase].

	{{Consumer and Debt Law Navbox\|type = consumer}}		{{Consumer and Debt Law Navbox\|type = consumer}}

Elena Renderos at 23:10, 3 September 2018

2018-09-03T23:10:35Z

← Older revision		Revision as of 23:10, 3 September 2018
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	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}

	~~{{ambox~~		If a person receives goods or services that are unsolicited (not requested), they are usually under no obligation to pay for the product or service.
	~~\| type~~ = ~~content~~
	~~\| small~~ = ~~center~~		== Client problems==
	~~\| image~~ =		* Client has received a sample product or other consumer goods that they did not contract for and wants to know their legal responsibility if they keep the goods.
	~~\| smallimage~~ =		* Client ordered a product in response to a mail solicitation and wants to get out of the contract.
	~~\| textstyle =~~
	~~\| text = This page is~~ in the ~~process of being updated~~. ~~Please check back shortly.<br>~~
	~~\| smalltext =~~
	}}

	{{Consumer and Debt Law Navbox\|type = consumer}}		{{Consumer and Debt Law Navbox\|type = consumer}}

Drew Jackson at 03:58, 29 August 2018

2018-08-29T03:58:21Z

← Older revision		Revision as of 03:58, 29 August 2018
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	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= ~~June~~ 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}


	{{ambox		{{ambox

← Older revision		Revision as of 23:10, 3 September 2018
Line 1:		Line 1:
	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = purchase}}

	~~{{ambox~~		If a person receives goods or services that are unsolicited (not requested), they are usually under no obligation to pay for the product or service.
	~~\| type~~ = ~~content~~
	~~\| small~~ = ~~center~~		== Client problems==
	~~\| image~~ =		* Client has received a sample product or other consumer goods that they did not contract for and wants to know their legal responsibility if they keep the goods.
	~~\| smallimage~~ =		* Client ordered a product in response to a mail solicitation and wants to get out of the contract.
	~~\| textstyle =~~
	~~\| text = This page is~~ in the ~~process of being updated~~. ~~Please check back shortly.<br>~~
	~~\| smalltext =~~
	}}

	{{Consumer and Debt Law Navbox\|type = consumer}}		{{Consumer and Debt Law Navbox\|type = consumer}}