The Vinyl Ripper
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Thu Sep-06-07 07:09 PM
Original message |
Circuit City again... Is detaining someone for violating a contract a legal act? |
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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?
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Kagemusha
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Thu Sep-06-07 07:14 PM
Response to Original message |
1. That's a justification, not a legal argument. |
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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.
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HiFructosePronSyrup
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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. |
H2O Man
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Thu Sep-06-07 07:15 PM
Response to Original message |
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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.
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nadinbrzezinski
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Thu Sep-06-07 07:18 PM
Response to Original message |
4. Entering a store is NOT a contract |
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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...
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The Vinyl Ripper
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Thu Sep-06-07 07:26 PM
Response to Reply #4 |
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However I'm addressing those who maintain that shopping in a store constitutes a legal contract with the store.
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nadinbrzezinski
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Thu Sep-06-07 07:27 PM
Response to Reply #5 |
6. I realize that and I am adressing the same crowd |
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I'm still shocked by what I am readying from many DU'ers tonight.
Especially those accusing others of doign this for "cheap Thrills"
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pnwmom
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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 |
lonestarnot
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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 |
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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!
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The Vinyl Ripper
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Thu Sep-06-07 07:54 PM
Response to Reply #7 |
8. I agree that holding someone against their will is kidnapping |
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But as far as not shopping there again, I'll shop wherever I please..
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lonestarnot
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Thu Sep-06-07 07:56 PM
Response to Reply #8 |
9. I don't give a crap where you shop. |
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Edited on Thu Sep-06-07 07:56 PM by lonestarnot
Either. hmmmmf
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The Vinyl Ripper
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Thu Sep-06-07 08:04 PM
Response to Original message |
10. That none of the pro corporate types.. |
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Will even post on this thread to argue shows the weakness of their position.
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nadinbrzezinski
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Thu Sep-06-07 08:15 PM
Response to Reply #10 |
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