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Difference between revisions of "Unsolicited Goods and Services"

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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.
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