Man orders 74 inch tv on Amazon. They deliver it as well as an 86 inch tv and now he's been arrested

malmo wrote:

Can anyone explain to me why anyone needs (or wants) an 86 inch (or 74 inch) television in the first place?

Need, no.

I don’t know why anyone wouldn’t want one though (presuming they have enough space for one)

They should also dunk him to see if he is a witch.

okay fine then... wrote:

what about wrote:

"Unsolicited goods are those goods which are sent to someone without being asked those goods to be sent ... Consumers can retain unsolicited goods or dispose them as they wish. They are under no obligation to keep them safe or to return them.."

So if you receive your neighbor's package by accident you can keep it? Good to know.

If it was addressed to you...yes. Whether you should is a separate question.

malmo wrote:

Can anyone explain to me why anyone needs (or wants) an 86 inch (or 74 inch) television in the first place?

Don't knock it till you've tried it. It wasn't all that long ago that a 42-inch TV was considered way too big for most people to need.

okay fine then... wrote:

what about wrote:

"Unsolicited goods are those goods which are sent to someone without being asked those goods to be sent ... Consumers can retain unsolicited goods or dispose them as they wish. They are under no obligation to keep them safe or to return them.."

So if you receive your neighbor's package by accident you can keep it? Good to know.

Legally? Yes.

Morally? No

“I looked into all the laws and said, ‘You know, it’s a scratch ticket. Sometimes you win, sometimes you lose,'”

That's what happens when you consult Google lawyer instead of a real attorney. This is just another schmuck trying to play the dumb card. He knew what he was doing. I don't think he will get jail for this, probation the most, and the stain on his under pants after all this is over with is priceless.

malmo wrote:

Can anyone explain to me why anyone needs (or wants) an 86 inch (or 74 inch) television in the first place?

Pretty obvious, really. With an 86 inch TV turned to just the right angle, he'll be able to see it from his jail cell.

LawyerinM wrote:

He didn't steal it. They gave him 2 versus 1. Morally he may be wrong, but legally he is only if they came to get it back and he refused.

This^^ Not only is this true for the most part, they've got the tv back. He's not going to prison, that is laughable.

From the article, “I looked into all the laws and said, ‘You know, it’s a scratch ticket. Sometimes you win, sometimes you lose,'” he said, adding that “Amazon said I had nothing to worry about. I made no wrong decisions at that point.”

Assuming he isn't lying, Amazon told him to faggetta'bout it. He shouldn't have talked to the cops at all. Never talk to the cops. It's too easy for them to trip you up, and then say that you lied to them and that's illegal. Conversely, it isn't illegal for the cops to lie to you.

Ethically, the guy is a maggot. I would have given the TV back to the shipper if they asked for it and if not then I would have given it to charity. I wouldn't feel right keeping it.

He said Amazon told him not to worry about it, and every one assumes he had thoroughly communicated the situation to Amazon and was told so.

But in reality, he could've given partial or misleading information to Amazon. What Amazon told him to not worry about may not be what he was in trouble with the police for.

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what about wrote:

okay fine then... wrote:

So if you receive your neighbor's package by accident you can keep it? Good to know.

Maybe, maybe not. Possibly mis-delivery doesn't count because you were never the intended recipient. But the law is clear - if someone or a company hands something over to you, knowingly intending it for you, it's yours.

I don’t think so. Once I got an insurance reimbursement check for an international claim for about $1700 although I think it was only a couple hundred dollars (exchange rate goof-up I’m guessing), so I contacted them to re-issue the check for the proper amount. A little different issue, but if a price is mis-stated, it is correctible, whereas a mis-assessment in value is not (case we read in contracts class back in law school). I’m thinking the guy’s crime would be conversion rather than theft, however.

The company delivered it to him, so it seems that he is not in the wrong. However, I have no objection to their having the right to take it back. I do have a problem with the police charging him with theft. Let's say for the sake of argument that they deliver it and it is on his porch for several weeks while he's on vacation. Someone sees it there and steals it. Is he liable for the loss? No. Of course, in this case, he did take possession of it, and I understand that in similar cases involving bank errors where they accidentally transfer large amounts of money into your account or companies refund way too much on a credit card order, they are legally entitled to take it back. Isn't possession nine-tenths of the law?

In any case, I'd certainly inform them that they'd make a mistake and try to send it back.

A couple of years ago we ordered a patio set from Amazon. It came no problem, along with 4 mattresses and 6 barstools. Called Amazon and they said keep it, I said we don't want it and don't have room for it, and they said to donate it then.

Moo Goo wrote:

But Amazon told him to not worry about it. The shipping company should deal with Amazon. The buyer has no relations with the shipping company. If Amazon told him to return the TV, that is a different matter. In either case, he was playing with fire. He knows he didn't have right to the TV but he wanted it.

Amazon goes after the shipping company for the loss though. They can dismiss their rights against the consumer but they can't dismiss the shipping company's rights.

okay fine then... wrote:

what about wrote:

"Unsolicited goods are those goods which are sent to someone without being asked those goods to be sent ... Consumers can retain unsolicited goods or dispose them as they wish. They are under no obligation to keep them safe or to return them.."

So if you receive your neighbor's package by accident you can keep it? Good to know.

Nope. The unsolicited goods have to be sent to YOU by mistake. Misdelivered mail does not count since it was not addressed to you.

zxcvcxv wrote:

The company delivered it to him, so it seems that he is not in the wrong. However, I have no objection to their having the right to take it back. I do have a problem with the police charging him with theft. Let's say for the sake of argument that they deliver it and it is on his porch for several weeks while he's on vacation. Someone sees it there and steals it. Is he liable for the loss? No. Of course, in this case, he did take possession of it, and I understand that in similar cases involving bank errors where they accidentally transfer large amounts of money into your account or companies refund way too much on a credit card order, they are legally entitled to take it back. Isn't possession nine-tenths of the law?

There has to be a victim for it to be theft. How can it be theft? He did not remove the TV from their truck or warehouse -- they willingly delivered it to him. I imagine the way it plays out is charges get dropped.

What are you talking about? He kept something that was delivered to him by mistake. That is theft you fkn dumba$$.