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Revised Statutes of Newfoundland 1990
AN ACT RESPECTING UNSOLICITED GOODS AND UNSOLICITED CREDIT CARDS
1. This Act may be cited as the Unsolicited Goods and Credit Cards Act.
1973 No11 s1Back to Top
2. In this Act
(a) "credit" means the advancing of money, goods or services to or on behalf of another for repayment at a later time, whether or not there is a cost of borrowing, and includes variable credit; and
(b) "unsolicited goods" means personal property provided to a person who did not request it, but does not include
(i) personal property that the recipient knows or ought to know is intended for another person, or
(ii) personal property supplied under a written contract to which the recipient is a party that provides for the periodic supply of personal property to the recipient without further solicitation,
and a request for goods shall not be inferred from inaction or the passing of time alone.
1973 No11 s2Back to Top
Use of unsolicited goods
3. An action shall not be brought to charge a person for payment in respect of unsolicited goods, notwithstanding their use, misuse, loss, damage or theft.
1973 No11 s4Back to Top
4. An action shall not be brought to charge a person upon an arrangement for the extension of credit evidenced by a credit card unless the person to whom credit is to be extended requested or accepted the credit arrangement and card in writing, and the obtaining of credit by the person named in the credit card shall be considered to constitute written acceptance by that person.
1973 No11 s5Back to Top
Relief from legal obligations
5. Except as provided in this Act, the recipient of unsolicited goods or of a credit card that has not been requested or accepted in accordance with section 4 has no legal obligation in respect of the use or disposal of them.
1973 No11 s6
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