It's very silly to assume this would ever get before a judge. A company isn't going to spend $25,000 on their lawyers to sue you over one phone they screwed up and sent out. This is far simpler than many are making it out to be. You can't be charged for the extra item, period. If they were stupid enough to try, you would instantly win disputing the charge. The retailer has to provide proof of purchase to make charges to your credit card, "our bad, we sent extras on mistake LOL" doesn't fly. I'm not here to preach morality, do whatever you want, but they don't have much recourse either way.
Exactly. Well said.
Everyone should do whatever you want in these situations, but there is no reason for the high horse argument as the law is pretty clear on the topic.