Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Circuit City again... Is detaining someone for violating a contract a legal act?

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
The Vinyl Ripper Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:09 PM
Original message
Circuit City again... Is detaining someone for violating a contract a legal act?
Edited on Thu Sep-06-07 07:37 PM by The Vinyl Ripper
The Circuit City argument again.

Several people have made the point that one enters into a contract when purchasing goods from a store.

Breaking a contract is normally a matter for civil court.

Is it legal to physically detain someone for breaking a contract?
Printer Friendly | Permalink |  | Top
Kagemusha Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:14 PM
Response to Original message
1. That's a justification, not a legal argument.
A legal argument would rely on something entirely different. Because no, it's not legal to detain someone for a tort.

Theft? Now theft - what the law itself considers to be theft - is treated differently.
Printer Friendly | Permalink |  | Top
 
HiFructosePronSyrup Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:15 PM
Response to Original message
2. If they purchased the goods then there's no reason to check the receipt.
It's a dumb argument.
Printer Friendly | Permalink |  | Top
 
H2O Man Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:15 PM
Response to Original message
3. Interesting point.
In NY, for example, if I hire a contractor to do a job on my home, and he does not fulfill his end of the bargain, I do not have the right to hold on to his tools. I think it is safe to say I could not hold on to the contractor, either.

In the case being discussed today, it would have been more interesting had the fellow kept his focus on the conflict with the store employee, at least in my opinion. But I can appreciate that others view it differently.
Printer Friendly | Permalink |  | Top
 
nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:18 PM
Response to Original message
4. Entering a store is NOT a contract
now if you SIGNED a contract, (see COSTCO) then you are bound by the terms of that contract

But going to get groceries at the local Ralphs or entering Circuit City does not, in any way, consitute a contract

People are just looking to justify their surrender every time they show a receipt

By the way the store has a right to ask, and you have a right to say no...

If they forcibly detain you, they just crossed a serious line...
Printer Friendly | Permalink |  | Top
 
The Vinyl Ripper Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:26 PM
Response to Reply #4
5. I agree with you
However I'm addressing those who maintain that shopping in a store constitutes a legal contract with the store.
Printer Friendly | Permalink |  | Top
 
nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:27 PM
Response to Reply #5
6. I realize that and I am adressing the same crowd
I'm still shocked by what I am readying from many DU'ers tonight.

Especially those accusing others of doign this for "cheap Thrills"
Printer Friendly | Permalink |  | Top
 
pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 08:46 PM
Response to Reply #6
12. It appears that there are more authoritarians here than we'd have hoped. n/t
Printer Friendly | Permalink |  | Top
 
lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:39 PM
Response to Original message
7. Ok this is not legal advise and I'm not a wizard, but
I don't know what a contract has to do with store policy. Just don't go in the fucking store any more. Holding a person against their will is kidnap. Boohissboo!
Printer Friendly | Permalink |  | Top
 
The Vinyl Ripper Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:54 PM
Response to Reply #7
8. I agree that holding someone against their will is kidnapping
But as far as not shopping there again, I'll shop wherever I please..
Printer Friendly | Permalink |  | Top
 
lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 07:56 PM
Response to Reply #8
9. I don't give a crap where you shop.
Edited on Thu Sep-06-07 07:56 PM by lonestarnot
Either. hmmmmf
Printer Friendly | Permalink |  | Top
 
The Vinyl Ripper Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 08:04 PM
Response to Original message
10. That none of the pro corporate types..
Will even post on this thread to argue shows the weakness of their position.
Printer Friendly | Permalink |  | Top
 
nadinbrzezinski Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-06-07 08:15 PM
Response to Reply #10
11. Yep
:thumbsup:
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Tue Apr 23rd 2024, 05:59 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC