# What would be the fair way to handle a mistake that we didn't cause but we are benefiting from? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [May 25, 2021, 5:22pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892 "2021-05-25T17:22:32Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 26, 2021, 6:07pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/61 "2021-05-26T18:07:31Z")
First you bring in “A bunch of junkies”, then this: > [@Driver8](#): > > How do you imagine that’s going to help you? “Sir, put down the beige-brown swatch and move slowly towards the truck… nice and easy… okay… now pick up the eggshell white…”, “Oh god Jim, he’s going for the burned ochre!” _BLAM_ _BLAM_ _BLAM_ I don’t think I am the one with a vivid imagination here. ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [May 26, 2021, 6:09pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/62 "2021-05-26T18:09:00Z")
The possible crimes at issue here are not strict liability crimes. There are very few of those, and they are, in the US at least, generally minor offenses. Offenses like burglary and trespassing require intent. Sorry I didn’t say “generally speaking” at the start of the prior post. > [@Czarcasm](#): > > That just isn’t true. If a drunk mistakenly goes into the wrong house in the middle of the night and climbs into bed, is she/he legally in the clear? If a person mistakenly(or not mistakenly) believes the President has given the o.k. to break into government property and physically threaten members of Congress, and that Presidential authority makes it legal, is that person legally in the clear? If the person is drunk enough, and can convince a jury that they could not have formed the required mens rea, then they have not committed a criminal offense. Drunkenness has certain special rules around it though. How about this:. You go to a hotel. They give you a key and write down a room number. You go to that room and when you go to use your key, you find the door open a crack, and you walk in. There, you find someone else’s stuff. You look down at the paper with the room number, and realize you misread the number. Did you commit a crime? > **[Mistake (criminal law)](https://en.m.wikipedia.org/wiki/Mistake_(criminal_law))** > > In criminal law, a mistake of fact may sometimes mean that, while a person has committed the physical element of an offence, because they were labouring under a mistake of fact, they never formed the mental element. This is unlike a mistake of law, which is not usually a defense; law enforcement may or may not take for granted that individuals know what the law is. > Most criminal law systems in developed states exclude mistake of law as a defense, because allowing defendants to invoke their own i... ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 26, 2021, 6:11pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/63 "2021-05-26T18:11:32Z")
> [@eschrodinger](#): > > If the person is drunk enough, and can convince a jury that they could not have formed the required mens rea, then they have not committed a criminal offense. Drunkenness has certain special rules around it though. Would you call the police if you were the homeowner and found the drunk asleep in your house, or would that be an extremely ridiculous response because there was no criminal intent? ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [May 26, 2021, 6:13pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/64 "2021-05-26T18:13:32Z")
I would, absolutely. Because I’m not going to a) remove the person, or b) try to figure out their mental state. But that’s not remotely relevant to what’s being discussed in this thread. Do you think the OP has any reason to think the contractor committed a crime? ---
**Author:** ![Driver8](https://avatars.discourse-cdn.com/v4/letter/d/b5a626/32.png) [@Driver8](https://boards.straightdope.com/u/Driver8)\ **Post date:** [May 26, 2021, 6:57pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/65 "2021-05-26T18:57:04Z")
> [@Czarcasm](#): > > I don’t think I am the one with a vivid imagination here. Thanks! I’m no Key and Peele, but I try my best! So now that we’ve got my obviously a joke response out of the way, how do you think this goes down in real life? You call the cops. You accurately describe what’s happened: someone has accidentally initiated a garage door replacement on your home. Do they come out? What do they do once they’re here? Is this a better outcome for you than not calling the cops or just calling your insurance company? Or you file a police report, accurately describing your view of the situation. How does that work out? Better than not filing the report? Why? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 26, 2021, 7:02pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/66 "2021-05-26T19:02:24Z")
> [@Driver8](#): > > Or you file a police report, accurately describing your view of the situation. How does that work out? Better than not filing the report? Why? It stops the insurance company and/or the contractor and/or the court(if it comes to that) from asking the question, “If you were that concerned, where is the police report?” It is a basic CYA move. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [May 26, 2021, 7:04pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/67 "2021-05-26T19:04:20Z")
> [@Czarcasm](#): > > It is a basic CYA move. This. What if the contractor decides to wait until the homeowners are gone again, and take his door back? ---
**Author:** ![Driver8](https://avatars.discourse-cdn.com/v4/letter/d/b5a626/32.png) [@Driver8](https://boards.straightdope.com/u/Driver8)\ **Post date:** [May 26, 2021, 7:08pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/68 "2021-05-26T19:08:15Z")
> [@kayaker](#): > > What if the contractor decides to wait until the homeowners are gone again, and take his door back? I don’t know. What does happen if that occurs? Give me the police report and no police report versions. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 26, 2021, 7:32pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/70 "2021-05-26T19:32:31Z")
> [@Driver8](#): > > So now that we’ve got my obviously a joke response out of the way, More like an overblown analogy that failed, I would say. ---
**Author:** ![Driver8](https://avatars.discourse-cdn.com/v4/letter/d/b5a626/32.png) [@Driver8](https://boards.straightdope.com/u/Driver8)\ **Post date:** [May 26, 2021, 7:34pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/71 "2021-05-26T19:34:51Z")
> [@Czarcasm](#): > > “If you were that concerned, where is the police report?” It is a basic CYA move. I see. So one of the reasons to file police reports is to document that you were an appropriate level of concerned in a civil argument. That seems odd to me, I’ll have to be honest. Could you not write an email declaring yourself to be appropriately concerned or maybe submit a video of your monocle popping out or you fainting from the vapors or something? Or is there something specific about filling out the online police report form that signals taking this seriously that other mechanisms simply can’t match? I would think that the facts on the ground would be more important, and that the contractor will do whatever they’re going to do primarily based on what they thought they could get away with and/or how honest they were. Your follow up would be based on their response. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 26, 2021, 7:36pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/72 "2021-05-26T19:36:41Z")
> [@Driver8](#): > > Could you not write an email declaring yourself to be appropriately concerned or maybe submit a video of your monocle popping out or you fainting from the vapors or something? You should leave the “jokes” to the professionals, in my opinion. ---
**Author:** ![Driver8](https://avatars.discourse-cdn.com/v4/letter/d/b5a626/32.png) [@Driver8](https://boards.straightdope.com/u/Driver8)\ **Post date:** [May 26, 2021, 7:40pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/73 "2021-05-26T19:40:59Z")
> [@Czarcasm](#): > > More like an overblown analogy that failed Just to be clear, so we can put it on the record for all to see and make their own judgements (maybe I should file a police report!), you genuinely believe that I intended my “suicide-by-cop-by-inappropriate-paint-color” scenario to be an actual analogy and not an obvious joke? ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 26, 2021, 7:44pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/74 "2021-05-26T19:44:02Z")
I would describe it as an overblown mockery of the original statement…a habit you seem to be married to. ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [May 26, 2021, 7:44pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/75 "2021-05-26T19:44:41Z")
Not my area of law, but I don’t see how there could possibly be a claim for unjust enrichment. Maybe, _maybe_ upon further facts, like the contractor offers to replace the door with a simpler version closer to what the original door was. > [@eschrodinger](#): > > The OP can choose not to accept the door, and could perhaps get reimbursed for the value of the destroyed door. The value of the destroyed door would not make them whole if there is no way to replace the door for that amount of money. The value is not just what you could sell a 60 year old garage door for, but the fact that it is performing a function, blocking the inside of the garage from the elements and whatnot. ---
**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\ **Post date:** [May 26, 2021, 7:45pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/76 "2021-05-26T19:45:33Z")
> [@Tired\_and\_Cranky](#): > > If you are happier with the new door than the old one and they are happy fighting amongst themselves about who has to pay for the second door, just leave it be. Yes, even if not 100% satisfied, if the new door is better than the old door, stay out of it. Hell, I’d bake the neighbor some brownies or something myself. But you owe nothing to anyone, except maybe a _“Hey dude, sorry that happened, that sucks”_ to your neighbor. [quote=“Tired\_and\_Cranky, post:13, topic:942892”] If the neighbor or contractor is insisting that you pay for the door they installed, refuse. [/quote] Right. **If** the contractor files a mechanic’s lien on you, file a police report for trespassing, vandalism, etc, and get a lawyer involved. Countersue for big bux. ---
**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\ **Post date:** [May 26, 2021, 7:47pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/77 "2021-05-26T19:47:30Z")
> [@DrDeth](#): > > Yes, even if not 100% satisfied, if the new door is better than the old door, stay out of it. The new door is _newer_ than the old door(which didn’t need replacing), and it is the wrong color. ---
**Author:** ![What\_Exit](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/what_exit/32/10652_2.png) [@What\_Exit](https://boards.straightdope.com/u/What_Exit)\ **Post date:** [May 26, 2021, 7:49pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/78 "2021-05-26T19:49:18Z")
**Modnote** : Please drop this little sidebar. ---
**Author:** ![eschrodinger](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/eschrodinger/32/122_2.png) [@eschrodinger](https://boards.straightdope.com/u/eschrodinger)\ **Post date:** [May 26, 2021, 7:50pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/79 "2021-05-26T19:50:16Z")
Again, my main point was, if you intend to not pay anything, you should consult a lawyer. I don’t think there’s any question that the OP has been enriched. That also doesn’t mean that the contractor can take the door back without doing more. But the OP could refuse to accept it, and then take additional action to deal with the destruction of their door. It’s potentially complicated. Much moreso than the advice that was being given. ---
**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\ **Post date:** [May 26, 2021, 7:52pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/80 "2021-05-26T19:52:17Z")
never mind ---
**Author:** ![Folly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/folly/32/3219_2.png) [@Folly](https://boards.straightdope.com/u/Folly)\ **Post date:** [May 26, 2021, 7:54pm UTC](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892/81 "2021-05-26T19:54:49Z")
> [@eschrodinger](#): > > Again, my main point was, if you intend to not pay anything, you should consult a lawyer. I don’t think there has been anything in the story yet about anyone even asking for anything. Personally, I wouldn’t bother consulting a lawyer until that happened at the very least. I also wouldn’t bother trying to get them to paint the door or anything like that. [Previous page](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892.md?page=3) [Next page](https://boards.straightdope.com/t/what-would-be-the-fair-way-to-handle-a-mistake-that-we-didnt-cause-but-we-are-benefiting-from/942892.md?page=5)