59   Liability of recipient of unsolicited goods

(TPA s 65)

(1)  A person to whom unsolicited goods are supplied by another person, in trade or commerce, is not liable to make any payment for the goods and is not liable for the loss of or damage to the goods other than loss or damage resulting from the doing of a wilful and unlawful act in relation to the goods during the period specified in subsection (4).

(2)  Subject to subsection (3), where a person sends, in trade or commerce, unsolicited goods to another person:

(a)  neither the person who sent the goods nor any person claiming under that person is entitled after the expiration of the period specified in subsection (4) to take action for the recovery of the goods from the person to whom the goods were sent, and

(b)  upon the expiration of that period the goods become, by force of this section, the property of the person to whom the goods were sent freed and discharged from all liens and charges of any description.

(3)  Subsection (2) does not apply to or in relation to unsolicited goods sent to a person if:

(a)  the person has at any time during the period specified in subsection (4) unreasonably refused to permit the sender or the owner of the goods to take possession of the goods,

(b)  the sender or the owner of the goods has within that period taken possession of the goods, or

(c)  the goods were received by the person in circumstances in which the person knew, or might reasonably be expected to have known, that the goods were not intended for the person.

(4)  The period referred to in subsections (1), (2) and (3) is:

(a)  if the person who receives the unsolicited goods gives notice with respect to the goods to the sender in accordance with subsection (5):

(i)  the period of 1 month next following the day on which the notice is given, or

(ii)  the period of 3 months next following the day on which the person received the goods,

      whichever first expires, and

(b)  in any other case—the period of 3 months next following the day on which the person received the goods.

(5)  A notice referred to in subsection (4) shall be in writing and shall:

(a)  state the name and address of the person who received the goods,

(b)  state the address at which possession may be taken of the goods if it is an address other than that of the person, and

(c)  contain a statement to the effect that the goods are unsolicited goods.