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Old 12-11-2012, 02:03 PM   #32
hrosvit
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Join Date: Jul 2010
Location: Southwest PA
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Quote:
Originally Posted by khalleron View Post
I think 'delivered by mistake' applies to items delivered to the wrong address, not items mailed to the proper address mistakenly.

It's Federal Law that anything sent through the mail that the recipient did not order is considered a gift and the sender cannot demand payment for it. This is to prevent scams.

I do think one has a moral duty to try to return the said items, but by Federal Law one does not have to nor can one be compelled to pay for them.

So be very careful what you mail.


If you live in Pennsylvania, and you come into control of another person's property (whether this other person is the intended recipient or the sender) that is delivered by mistake "as to the nature or amount of the property" (in other words, the cashier gave you too much change), or "the identity of the recipient" (in other words, the wrong addressee or address), you are committing a crime. State law can criminalize behavior that federal law does not (just not the other way around). And "delivery" does not mean "delivered through the mail or some other postal-type service", it just means possession transfers from one person to another (as in "drug delivery").

But, as stated before, the recipient has not committed a crime if she/he takes "reasonable measures to restore the property to a person entitled to have it". If they tell you to keep it, or ignore your report of mistaken delivery, you're in the clear. There has to be an intent to deprive the rightful owner of the property.

Last edited by hrosvit; 12-11-2012 at 02:06 PM.
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