What is the effect of unsolicited goods?

What is the effect of unsolicited goods?

• A. They are unconditional gifts.
• B. They constitute an enforceable purchase offer.
• C. They create an implied contract for payment.
• D. They can be returned only if the seller asks for payment.

Answer: (A)

When goods are sent unsolicited, there is no contract formed because there was no offer accepted or consideration given. Without an offer and acceptance, the transfer isn’t a sale, so the recipient’s retention of the goods is simply a gift. The seller cannot later make the recipient pay, since the delivery did not create a binding obligation to purchase. So the effect is that unsolicited goods are unconditional gifts. That’s why the other ideas don’t fit: there’s no enforceable purchase offer or implied contract for payment without assent and consideration, and returning the goods only if the seller asks for payment misstates the situation, since no payment obligation arises from receiving unsolicited goods.

When goods are sent unsolicited, there is no contract formed because there was no offer accepted or consideration given. Without an offer and acceptance, the transfer isn’t a sale, so the recipient’s retention of the goods is simply a gift. The seller cannot later make the recipient pay, since the delivery did not create a binding obligation to purchase. So the effect is that unsolicited goods are unconditional gifts.

That’s why the other ideas don’t fit: there’s no enforceable purchase offer or implied contract for payment without assent and consideration, and returning the goods only if the seller asks for payment misstates the situation, since no payment obligation arises from receiving unsolicited goods.