Breach of contract (sales contract).
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See below:
Source:
http://about.usps.com/publications/pub300a/pub300a_tech_021.htm
Unsolicited Merchandise
A company sends you a gift in the mail — a tie, a good luck charm, or a key chain. You didn’t order the gift. What do you do? Many people will feel guilty and pay for the gift. But you don’t have to. What you do with the merchandise is entirely up to you.
- If you have not opened the package, mark it “Return to Sender.” The Postal Service will send it back at no charge to you.
- If you open the package and don’t like what you find, throw it away.
- If you open the package and like what you find, keep it — free. This is a rare instance where “finders, keepers” applies unconditionally.
Whatever you do, don’t pay for it — and don’t get conned if the sender follows up with a phone call or visit. By law, unsolicited merchandise is yours to keep.