My MBP was delivered with a better spec than ordered

[SnowLeopard2008]

It is pretty much guaranteed they will let you keep it, but what is wrong with doing the right thing and calling them anyway?

The poster above is trying really hard to justify their dishonesty.

Don't get me wrong, I personally would call them and explain what happened. I don't agree with that poster either.

 

[otherjobs]

In this case, it wasn't unsolicited. It was a shipping mistake involving a product (or products) that had been requested. There is a legal obligation to attempt to return the extra merchandise. Much like if you suddenly find $1m in your bank account...you can't keep it.

But there is no legal definition of attempt! You could attempt by using a pigeon post,
and if the pigeon would not be strong enough to return the heavy computer to them,
it does not matter - you made an attempt, thus you are free from this obligation!
Thats what my friend said, and he is good at finding holes in the laws

I agree with you that it is good to be a 'good guy' and return to them,
but nobody will throw you in jail or fine you if they will not ask for the goods -
it will be their fault. Thus, the outcome depends on your consciense and wallet.

 

[trikky]

But there is no legal definition of attempt! You could attempt by using a pigeon post,
and if the pigeon would not be strong enough to return the heavy computer to them,
it does not matter - you made an attempt, thus you are free from this obligation!
Thats what my friend said, and he is good at finding holes in the laws

I wouldn't count on your friend to get you out of legal trouble any time soon.

There are terms such as "good faith" and "reasonable", or "reasonable person" when it comes to determining whether an attempt was made. You'd be hard pressed to establish that your scenario (and yes, I know it was just a light hearted example) would fall into any of those categories.

 

[SR71]

Actually, in most jurisdictions, you do have an obligation to do nothing less than inform them of the mistake and make reasonable and good-faith efforts to permit them to collect the item, including but not limited to dropping the item off at a shipping depot assuming that they have agreed to pay for postage, or to make the product available for them to pick up from your place of residence/office, etc.

Until such time as you have fulfilled your legal obligation to return the mistakenly shipped item to the seller/shipper, it is "your problem".

As I've used as an example before, let's say the bank mistakenly deposits money into your account. You have no right to that money and if you spend it, you can be jailed and have to pay back the money.

I've said it in other posts - if a mistake on one hand is not acceptable to you (in this case, the retailer not shipping you everything you ordered) then a mistake on the other hand (the retailer shipping you more than you ordered) is no more acceptable.

All of this may be true, but when times are tough and you buy something and receive something extra in addition to what you paid for from a company like Apple (who has $150 BILLION dollars and no debt), I'm gonna keep the extra item.

Example: Here's a personal one. My family is not very wealthy. I've worked hard for the things I have and none if it is paid for by my parents. They also work hard for what they have and to make ends meet. My parents used their dying computers every single day and since their computer was so old and slow, it slowed down their productivity... not to mention the fact that they shared a 5 single desktop. So, as a gift to them I bought them a MBP last year. When it was delivered, I received two of them. Should I have returned the extra one? The ethical decision would have been to return it. The logical decision would be to keep it, and I don't think a single person would disagree.

Having to watch my parents struggle day after day to share a computer for work just to make ends meet was terrible. By receiving two computers instead of one, it solved a HUGE problem for them and boosted their productivity and spirits significantly.

Now, stop the bickering about how unethical or illegal it is/might be to keep something that was incorrectly sent to you (not directed to you specifically trikky -- more so to anyone in the thread saying it's unethical/illegal). Deep down, we all know it may not be ethical or illegal, but honestly, everyone is in different situations and if they are sent something extra by a stroke of luck, it may be beneficial to them to keep it (as it was in my case).

Also, nobody should feel guilty when Apple of all companies, accidentally sends you something you didn't order... As I said before they've got $150 BILLION dollars and no debt. They can stand to "misplace" a laptop.

 

[trikky]

Example: Here's a personal one. My family is not very wealthy. I've worked hard for the things I have and none if it is paid for by my parents. They also work hard for what they have and to make ends meet. My parents used their dying computers every single day and since their computer was so old and slow, it slowed down their productivity... not to mention the fact that they shared a 5 single desktop. So, as a gift to them I bought them a MBP last year. When it was delivered, I received two of them. Should I have returned the extra one? The ethical decision would have been to return it. The logical decision would be to keep it, and I don't think a single person would disagree.

Actually, you're totally wrong. I disagree. Entirely. And there are many - likely the majority - that would also disagree.

The family in your example was poor, alright. Lacking both financial strengths and lacking character strengths. I also grew up in a poor family and we were taught that if it wasn't ours, we shouldn't take it. The thing is that I found several times that being honest can somethings pay off. Several times I found bikes when I was a kid - handed them in to the police then after 3-6 months when unclaimed, guess whose bikes they were? Find a wallet with no ID inside? Guess who got to keep the cash - picked it up from the police station myself.

Now, stop the bickering about how unethical or illegal it is/might be to keep something that was incorrectly sent to you (not directed to you specifically trikky -- more so to anyone in the thread saying it's unethical/illegal). Deep down, we all know it may not be ethical or illegal, but honestly, everyone is in different situations and if they are sent something extra by a stroke of luck, it may be beneficial to them to keep it (as it was in my case).

So, imagine this scenario: You pick up your nice laptop and on your way home to go to Starbucks for a coffee. After about a half hour, you leave and say hello to the homeless guy who's walking in while you're on your way out. You realise on your way home that you left your new laptop on the floor at the table you were using in Starbucks. While you're heading back to the store, the homeless guy is walking out the door with a nice new laptop he received by a stroke of luck.

Also, nobody should feel guilty when Apple of all companies, accidentally sends you something you didn't order... As I said before they've got $150 BILLION dollars and no debt. They can stand to "misplace" a laptop.

By your justification, because you can afford to lay down money on a $2000+ laptop, can drink coffee at Starbucks and drive a car, the homeless guy in the previous scenario has just got himself a shiny laptop and you have no claim to it because he's much worse off than you, and it was simply a stroke of luck that you left behind the computer and he found it.

He didn't steal it, you left it and he found it. A stroke of luck. Totally legit, according to your chain of thought.

No, it's not different at all. He found (received) something to which I (and others, and I suspect you as well) don't think he's entitled. Just because he received it through a stroke of luck doesn't mean he's entitled to keep it.

 

[fskywalker]

I think this thread is doomed for closure soon. Many opinions here, which are ok to share, but lets not judge