Can a fuel company refuse to deliver heating fuel in the heart of winter?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a fuel company refuse to deliver heating fuel in the heart of winter?
I live in a small town with only 2 propane companies. We rent a tank from one of the companies which is now refusing to deliver to us based on being too busy and it taking more time to deliver to our house. The other fuel company has a policy that they do not fill other companies fuel tanks. We are caught in a Catch 22 here. How are we to keep our house from freezing and keeping our kids fed? We have mostly propane appliances, cook stove, hot water heater, heating units.
Asked on February 17, 2011 under General Practice, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
These are private companies? If they are, then you can enforce an existing contract or agreement with one--for example, if the tank rental agreement provides the company "will" or "shall" fill the tank when empty or on a certain date as long as you're current on your obligations. If they won't do this voluntarily, you could sue them if necessary for what's called "injunctive relief"--a court order they do what they have agreed to.
However, all you can do with private companies is enforce any existing obligations or contracts. You can't otherwise force someone to do business with you. For example, you cannot make the 2nd company will the first companies tank.
Other options: rent a tank from #2 to get the propane. If you have an agreement with company # 1 that the company breaches, sue them later for monetary compensation.
Or contact some charitable or government agency that deals with heating emergencies annd see if they can help you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.