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First Principles of Business Law |
| The regulation of undesirable business practices |
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5. Protection against unfair business practices |
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5.8 Unsolicited goods |
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A, a publisher of books and magazines, has thousands of unsold copies of a book called 'Australian Gardens'. A obtains a mailing list and posts a copy of the book to every fifth person on that list, asking them to examine the book and, if they like it, to send payment of $25 to A. If they do not want to pay they are asked to return it by post to A, who promises to refund the cost of the postage. B receives a copy of the book. He decides neither to pay for it nor to return it: he simply leaves it on the floor of his porch outside the front door of his house. Six weeks later, B receives an invoice from A, saying that B owes A $25, and demanding immediate payment. Meanwhile B's dog has found and chewed the book. |
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