Ceist Beag
Registered User
- Messages
- 1,445
That's the thing, HMV or the receivers have nothing to lose in pursuing him.
Nothing to lose Leo? They have already lost a lot of face with this fiasco - do you really think they will chase someone through the courts for €40 because they refused to honour the voucher? That would be a PR disaster even HMV couldn't stomach I would imagine!
Not so, it's actually pretty straightforward. A shop is under no legal obligation to sell you any item, at the indicated price or otherwise. The indicated price is considered an 'invitation to treat'.
This man offered vouchers and cash in exchange for the goods, that offer was rejected, and the shop is legally entitled to do so. The man proceeded to leave with the goods after the shop had refused to sell them to him.
Staff tried to persuade him to return the items but he refused and stated that he will post the voucher and a cheque for the remaining €6.80 into the shop. I applaud that man.
Proof of mens rea is still required. You have only proved the actus reus.
The shop refused the transaction, this person still took the goods, hard to argue there was no intent there.
That man is guilty of theft.
If someone leaves payment for goods, whether or not the shop refused to serve him , how on earth is this theft ?
The payment being the voucher which clearly states that the it can be exchanged for goods equal to amount stated.
Surely taking money from someone for a voucher and then refusing to honour the voucher fits the description of "theft" more aptly.
but what HMV done is theft.
If someone leaves payment for goods, whether or not the shop refused to serve him , how on earth is this theft ?
The payment being the voucher which clearly states that the it can be exchanged for goods equal to amount stated.
Surely taking money from someone for a voucher and then refusing to honour the voucher fits the description of "theft" more aptly.
That really needed fixing.
If you're conscientious about 'fixing', then it should have been 'fixed' to "what HMV did"
Nah,carrying on like some sort of sad grammar nazi would have been rude,just fixed what annoyed me most about your post
(nazi is deliberately in lower case btw)
If someone leaves payment for goods, whether or not the shop refused to serve him , how on earth is this theft ?
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