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On August 01 2010 13:40 Brett wrote:Show nested quote +On August 01 2010 11:31 illu wrote:A while ago I went to a certain unnamed grocery store. I mostly wanted to buy their 15lb avg seedless watermelon for $2.99 each. Of course, I also bought a few extra things and ended up spending about 15 dollars. Because I had quite a few things to carry, I didn't check the receipt carefully until I got on the bus. Then I realized that the cashier forgot to scan the watermelon so I practically took it for free (by accident!). YUM YUM. Aren't free stuffs more delicious than usual?Free watermelon aside, I want to ask a more serious question. That is, assuming for the moment that I have no intention of going back to the grocery store to give them three dollars (or return the watermelon) in the foreseeable future, does my action constitute theft?+ Show Spoiler +
Here's my own opinion. I am not a lawyer nor in training for law, so don't bash me too hard for this.
I think this may constitute theft. Theft is usually defined as an act that deprives one's property as well as mens rea. In this case I did take an watermelon without paying. Also, assuming that I have no intention of going back to the grocery store to return the item after I learn that the cashier did not scan it, I am knowingly keeping it by fraudulent means since I did not pay for it.
My major concern is whether or not the cashier's mistake is meaningful at all in this incident.
Just saw your edit with the spoiler so I thought I'd respond further (and I am a criminal lawyer and have been practicing here in Aus for three years): You're pretty much spot on. A criminal offence is the combination of actus reus and mens rea (action with criminal intent). Specifically, theft is a dishonest appropriation with an intention to permanently deprive the owner of the good. An appropriation can be constituted by taking it, by using it in any fashion as if you were the owner and so forth (appropriation is widely defined and I wont go over it all here). In this instance, you did not commit a theft when you took the item home by accident without paying as you did not at that time possess the mens rea for the offence. That is the extent to which the cashier's mistake vitiates your responsibility. However upon realising the error of the store worker, you make the choice to exercise control (rights of an owner) over the item and keep it (thus making a dishonest appropriation with the intention of permanently depriving the store of the item). It is at that time that you commit the theft. But, like I said earlier and like many others have said.. who cares at this point 
Good to know 
On August 01 2010 11:35 Aukai wrote:
Can't you just eat the god damn watermelon?
I haven't eaten the watermelon yet  Not that I am worried about legalities, but I also bought strawberries so I am eating those first.
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On August 01 2010 14:01 Zealotdriver wrote:
Keep the watermelon and don't look back. Grocery store cashiers press down on the scale to increase the price you pay for produce that is priced per weight. OP, you are just a little closer to getting an honest deal.
That would be a bitch thing to do. Why would a lowly cashier even give a shit about making extra cash for a store.
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On August 01 2010 14:01 Zealotdriver wrote:
Keep the watermelon and don't look back. Grocery store cashiers press down on the scale to increase the price you pay for produce that is priced per weight. OP, you are just a little closer to getting an honest deal.
Are you kidding? The vast majority of cashiers don't get paid nearly enough to care about ripping you off.
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On August 01 2010 14:35 muse5187 wrote:Show nested quote +On August 01 2010 14:01 Zealotdriver wrote:
Keep the watermelon and don't look back. Grocery store cashiers press down on the scale to increase the price you pay for produce that is priced per weight. OP, you are just a little closer to getting an honest deal. That would be a bitch thing to do. Why would a lowly cashier even give a shit about making extra cash for a store.
The only explanation would be that the cashier also owns the store.
I actually went to a reasonably big grocery store chain in Canada. What you said is definitely not valid here.
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The obvious right thing to do is mention it next time you go to the store and offer to pay for it.
Assuming the store doesn't "deserve" its losses, but let the employees decide that...
Come to think of it, there probably isn't a mechanism in place to track the lost inventory - perhaps zero revenue loss will indicate that all went well, but for larger purchases there is nothing keeping a disgruntled employee from pocketing your money and making you an unknowing accomplice to theft.
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Marge Simpsons ate some grapes in the grocery store, Lisa asked her to check out the two grapes she ate.
Cashier: Can I get a price check on two grapes?
"two measly grapes?"
:p
On a Black Friday in Fry's Electronics,I got a wireless PS2 controller for free. Wasn't intentional, i put everything on the table and the clerk missed it. Turns out i walked out for free. I found out by noticing the controller was missing on the receipt.
In a CVS (pharmacy), I bought a deodorant along with other stuff, as I got home, i found out the deodorant was scanned twice. (Fuck my $3.00)
for the topic, I wouldnt care much because they have no proof I got out for free (maybe they have to count every inventory, go over security cams, etc), as well as I have no proof when I walked out the store I had purchase one or two deodorant. (maybe some hoodlum will try this, but for 3.00 or something small i would let it go.)
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On August 01 2010 14:01 Zealotdriver wrote:
Keep the watermelon and don't look back. Grocery store cashiers press down on the scale to increase the price you pay for produce that is priced per weight. OP, you are just a little closer to getting an honest deal.
Since when? I used to work as one and every scale I ever used refused to give you a reading if the weight changed while it was measuring. They measure to hundredths of a pound, it's IMPOSSIBLE to press down on a scale with sufficiently consistent pressure.
You're full of it man.
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Well they made the mistake, not you! demanding that you go through extra work to return something as cheap as a watermelon obviously doesn't make sense.
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In order for you to be convicted of a theft charge, there first must be someone that witnesses the suspect intentionally concealing an object with the intent to take it without paying for it. In addition, the suspect must demonstrate they were going to leave the store intentionally without paying for it (such as concealing it, then walking past open cash registers towards the exit). No matter how hard a prosecution tried, you would not be able to be prosecuted for theft.
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I am now imagining someone stuffing a watermelon in their shorts and trying to sneak out of the store with it. Out of everything in a grocery store, I think a 15 lb watermelon is probably the hardest item to steal.
Kudos.
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You are a terrible person!
It's just a watermelon k
Cashier's fault she didn't realize it
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Yeah, I also think it's theft. Let's put it this way: you somehow found an expensive luxury item on the corner of street. If you don't return it and decide to keep it, you'd be found guilty for owning something that's not yours. But still, legally, your case won't end up in court or anything even if you get caught, assuming you live in america.
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Actually, I changed my mind about this post.
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I'm no lawyer but this is what happens in my work place.
For the sake of argument, if OP wasn't about a water melon but a 30K necklace then OP will definitely be liable should this occur.
However, from memory, OP's obligation extends no beyond the act of informing the concerned party of the situation and assuming that it is the retailer who made the mistake, then it is up to retailer to reimburse any time/cost spend on retrieving the item.
Example would be that I was mistakenly given a $500 dollar smart phone instead of the $120 Nokia brick and then I moved interstate. The retailer found out and contacted me about it but refused to pay for shipping then I have every right to hold onto the phone and after a statute period the phone would be legally mine.
Similar things happen all the time in retail. Customer paid less for an item because the ticket scanned wrong or this and that. I'm pretty sure unless the retailer can prove that it is a deliberate act( e.g. tempering the ticket.) on customer's part then it is up to them to offer an acceptable compensation for the customer.
Of course, in most cases, common sense will prevail as the cost of retrieval out weights 99.99% the product. But in case where the value of the item far exceeds the cost of retrieval, then they will come after you.
If you refuse to return a 30K necklace and retailer is willing to offer you adequate compensation for your time then retailer will sue as they are in a position where they have undergone all possible settlement and you are being a twat and the retailer will win. This is when it becomes theft.
I very much doubt that it will be a criminal case at first though, it will most likely be a civil case as the interaction between retailer and customer is bound by contract law and if you still don't comply and skip the country with the 30K necklace then it will become a criminal case.
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Eat your watermelon, son. It's the store's fault, and their loss. They ain't gonna put you in jail for it, nor are they gonna black list you or anything -.-. If anyone ever says anything, just tell them you didn't look at the receipt and you didn't know ._., but honestly who the hell is going to press legal charge for a slice of watermelon for 2.99$ a piece -_-;
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Don't worry, grocery stores are making so much money right now in the recession. Seriously, as someone who works in this industry I cannot think of a single grocery store chain in my state that isn't doing incredibly well during the recession (unless things like Fresh Market count as grocery stores).
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I once did this with a water bottle, I was buying stuff and walked 2 miles back home from Wal-Mart.
I didn't even notice I got the water bottle so I went back and gave it to Wal-Mart (I didn't drink from it.)
The lady just opened it and started drinking it, she didn't seem to care that I stole it, but at least I did what my parents would tell me to do :D
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Pretty sure your shopping earned them a net profit regardless
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On August 01 2010 19:43 Badjas wrote:
Pretty sure your shopping earned them a net profit regardless
That's an interesting question. Considering I only bought discount items, I'd say probably they did not earn a net profit
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![[image loading]](http://www.harris-greenwell.com/uploads/HGS/hamusface.jpg)
Hammurabi would chop your hands off.
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EPT
