Supermarket fun (1 Viewer)

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ok, i work as a nightfill boy and i was wondering about a thing or two.

Say i was doing my shift, and while i was working, i see this person (he/she was shopping as his/her trolley was filled with items) walking towards the drink fridge. He/she then opens the fridge and takes a bottle of coke out and starts drinking from it within the store. Then he/she puts the bottle of coke(only drank a bit) into his/her trolley and continued her shopping.

Is she "stealing", cos he/she already consumed the product without paying. Or is that allowed since he/she has the intention of paying later.

 

[Meldrum]

Fair enough, I may not be a law student, but what I was taught during my induction at Action was that the transference of ownership from company to customer is at the point of sale. Therefore, by using a disposable product before they buy it is stealing.

However, many Australians accept the practise as we're dumb and encourageable.

Please correct me if I'm wrong.

 

[melsc]

Is she "stealing", cos he/she already consumed the product without paying. Or is that allowed since he/she has the intention of paying later.

Disclaimer... i am a wanna be law student so whatever I say doesnt have much legal merit...put whatever weight upon it you wish

From what I have learnt about Larceny is that intent to permanently deprive the owner of the item must be established R v Easom (Where the defendant returned the item and successfully argued that he did not intend to permanently deprive the owner of the item)

As the person would have the intention to pay for it, it wouldn't be a case of "stealing"...there may be some other legal principle...I dont know though

Also I think Asportation must be proven - where the item is taken away from the owner...

/inadequate legal advice

 

[MoonlightSonata]

ok, i work as a nightfill boy and i was wondering about a thing or two.

Say i was doing my shift, and while i was working, i see this person (he/she was shopping as his/her trolley was filled with items) walking towards the drink fridge. He/she then opens the fridge and takes a bottle of coke out and starts drinking from it within the store. Then he/she puts the bottle of coke(only drank a bit) into his/her trolley and continued her shopping.

Is she "stealing", cos he/she already consumed the product without paying. Or is that allowed since he/she has the intention of paying later.

Normally it would be stealing, however since they put it in their trolley it might indicate that they had no intention of stealing. However they would definitely have converted the goods and would be liable under tort.

So perhaps not criminally liable, but certainly there is civil liability.

 

[santaslayer]

I don't think it's stealing at all. The person has NOT left the premesis yet have they? Until they leave the shopping area they are NOT stealing. Think about places like 7-11....i would normally open a packet of chips or whateva...walk around the place, read some magz and then go to the counter and pay for my chips. I will only be liable if i run away without paying. ....

Even then...u can say u forgot about paying...and then pay straight away if u get held...normally, people will be satisfied after they recieve the cash and not bother with laying unecessary and trivial charges...

 

[Dreamerish*~]

I don't think it's stealing at all. The person has NOT left the premesis yet have they? Until they leave the shopping area they are NOT stealing. Think about places like 7-11....i would normally open a packet of chips or whateva...walk around the place, read some magz and then go to the counter and pay for my chips. I will only be liable if i run away without paying. ....

Even then...u can say u forgot about paying...and then pay straight away if u get held...normally, people will be satisfied after they recieve the cash and not bother with laying unecessary and trivial charges...

But this isn't about people being satisfied.

Even though the person hasn't left the premises, he had consumed what he had not yet paid for, therefore something that is not his.

 

[santaslayer]

But this isn't about people being satisfied.

Even though the person hasn't left the premises, he had consumed what he had not yet paid for, therefore something that is not his.

ok...im not trying to be a dickhead here but i would like to point out that people do not pay for their food at a restauraunt before eating...usually anyway...unless its a buffet...

the general consensus is that youy will pay after you have an full stomach and a mouth that smells like...the food u ate....that is, shit..

 

[Dreamerish*~]

ok...im not trying to be a dickhead here but i would like to point out that people do not pay for their food at a restauraunt before eating...usually anyway...unless its a buffet...

the general consensus is that youy will pay after you have an full stomach and a mouth that smells like...the food u ate....that is, shit..

Oh my god, that is an excellent point!

 

[melsc]

ok...im not trying to be a dickhead here but i would like to point out that people do not pay for their food at a restauraunt before eating...usually anyway...unless its a buffet...

the general consensus is that youy will pay after you have an full stomach and a mouth that smells like...the food u ate....that is, shit..

thats called thinking like a law student :uhhuh: