To keep this or am I thief?

[hattyho]

So I ordered a purse online from a well known brand.
I paid £12 so cheap and cheerful.
The parcel arrived today and it was well packaged in a nice box and wrapped etc.
I opened it and it was a different purse (loved it ) and I checked online and it is selling on the site for £100
Moral dilemma ...keep or return ?
Would you tell them ?

Keep it!
Why should you have to have the inconvenience of returning it when it is their mistake?

I introduced it to show how wide ‘appropriation’ and indeed other elements in the drafting of legislation can be. That is, ‘theft’ isn’t what people might immediately think of.

Indeed, they did send the wrong one...not the one OP paid for/had a contract to buy...this, it’s not hers. This, she’s keeping it and treating it as if it were her own (appropriation). She knows it’s not hers, butcarries on regardless (dishonesty). Now, she might genuinely believe she isn’t dishonest because she thinks the retailer would let her keep it anyway (there’s your defence).

I agree: not every mistake becomes a crime. However, this scenario fits the definition of ‘theft’

I ask again: what have you been doing in law for 16 years? I don’t think you’re going to tell me you’re a judge...

Sorry random S in there. stickman

Ok, so if my coworker accidentally puts her purse into my bag instead of her own bag because they look similar, can I keep it? Or would that be considered theft? Because I'm pretty sure it would be considered theft even though I didn't directly take it.

You haven't paid for the purse so it's not your property legally. You are aware of this fact and if you knowingly keep the purse that is enough to bring you within the legal definition of theft. There have been instances of cashpoints going wrong and giving out too much money. Plenty of people thought keeping that wasn't theft either. How blatant does it need to be? It has nothing to do with value but if the item mistakenly sent were worth much more and likely to be something they would come for once they realised their mistake would you take the same view? Finders keepers is not the law regardless of how you came into possession. So yes legally it is theft. Morally, only you can decide.

There are two elements to a crime:

(1) the intention
(2) the act

The two do not have to occur simultaneously so even though the OP did not have the intention to dishonestly appropriate property at the time the property was delivered, the moment she decided to keep it she had the intention. You learn this on day one of law A Level let alone a degree.

That said, I stand by my original post on this thread. Just keep the damn purse!

Also enjoying nicknackys posts

Racecardriver is a lawyer?!

Why are people using completely different examples of theft thinking it is proving their point?

Enjoy your purse op. I once got a £100 dress free when it wasn't scanned at the till. Probably the only good thing to ever happen to me.

I’m going out on a limb here and saying HonestLawyer is, indeed, a lawyer! (Honest too?!)

So, that’s three of us saying ‘theft’ by definition

Lots of lawyers coming out of the woodwork, anyone can be a lawyer on the internet.

They could be lying. I could be...but that’s a heck of a lot of historic law life posts to fake!

I don't imagine it does nickynacky, you lot are always wrong!

What if you had been in a a shop and picked up a tv for a £100 but when you got home realised that it had the wrong code on and was a more expensive tv would you take it back? The OP paid for a item in good faith she's not a theif.

You’re going to be buggered if the zip breaks first outing

Sorry, Nicknacky!

When a “lawyer” is comparing it to a cash machine giving out too much money then I would wonder what type of law they also practice.

Also surprised a lawyer would also have a user name like that.

Yes, she in good faith paid for £12 purse. That’s undisputed. But she didn’t pay for (because she didn’t order) the £100 purse! So no good faith!

stick None taken, I have thick skin?

Curious as to who you are though!

Yep the clue is in the name. 15 years a solicitor. I like to think I'm honest but the inspiration for the name was a great pub I found once.

God some people on here are ridoculous

Why should you spend your time or effort informing them of their mistake.

Keep it, enjoy it, and have yourself a Merry Christmas [santa]

Again, Nicknacky...what have you been doing in law for 16 years?

I'm going to keep it
Merry Christmas to me ho ho ho

Congratulations OP - no doubt you're happy with your decision

Interesting, though, that you didn't answer the several posters who asked what you'd have done if they'd sent a purse cheaper than what you paid for