Texas Business & Commerce Code - Section 35.45. Delivery Of Unsolicited Goods
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 35.45. Delivery Of Unsolicited Goods
§ 35.45. DELIVERY OF UNSOLICITED GOODS. (a) Unless
otherwise agreed, if unsolicited goods are delivered to a person,
the person:
(1) is entitled to refuse to accept delivery of the
goods; and
(2) is not required to return the goods to the sender.
(b) If unsolicited goods are either addressed to or intended
for the recipient, the goods are considered a gift to the recipient,
who may use them or dispose of them in any manner without obligation
to the sender.
(c) Unsolicited goods received due to a bona fide mistake
must be returned, but the burden of proof of the error is on the
sender.
(d) This section does not apply to goods substituted for
goods ordered or solicited by the recipient.
Added by Acts 1985, 69th Leg., ch. 959, § 7, eff. Sept. 1, 1985.
Renumbered from § 35.42 by Acts 1987, 70th Leg., ch. 167, §
5.01(a)(3), eff. Sept. 1, 1987.
Section: 35.33 35.39 35.395 35.40 35.41 35.42 35.44 35.45 35.455 35.46 35.47 35.48 35.49 35.50 35.51
Last modified: August 10, 2007
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