Would you pay?

Question

You go out to dinner with a friend in New York City. The check comes at the end of the meal, but it does NOT include the $30 bottle of wine you ordered and consumed. You are only charged for the food. Would you consider this to be:

(A) A mistake which you should take advantage (say nothing and leave);

(B) An intentional waiver on the part of the restaurant (say nothing and leave); or

(C) A likely mistake which you should correct (call the oversight to the attention of the waiter and pay for the wine.

This is both a moral and a legal question. I am interested in not only what is ethically right, but also what is required under the law.

For what it's worth: I was the patron in this situation (last night). I always always always choose "C." My friend, the attorney, told me that his position is that the restaurant implicitly waived the cost of the wine and we were under no obligation to call this to their attention. I disagree completely. If you were in a taxi and the driver forgot to turn on the meter, when you arrived at your destination, would you tell him that the fare was implicitly waived? Ridiculous!

Answer 1

Depending on the circumstances, I'd probably respond with "thank you", assuming that (B) it was "an intentional waiver on the part of the restaurant" (though I doubt I'd leave with out saying anything), or (C) consider it a mistake, make the error known to the waiter and pay for the wine ordered.

I don't believe that one would be legally liable were he to accept the wine without paying on the grounds that he genuinely assumed it was a gift given by the restaurant. The absence of the charge, in any case, could be construed by law to be a mistake---one to the restaurant's detriment only.

In terms of ethics and what is considered morally right, if the taker were fully aware that this was an error on the part of the restaurant, the most suitable act would be informing the waiter of the mistake and making the necessary payment afterward. If there is however reason to believe that this was in fact a gift, expressing a "thank you" for the wine would clear up any uncertainty where this is concerned since the costumer and the waiter would both be made aware of the error if any.

Answer 2

Well, if you realize the bottle of wine has been left off then if your morals tell you not to steal and you then also realize the waiter wil be charged for this wine out of his or her pay and you don't want that to happen to him or her, then you will call the oversight to the waiter's attention, as it obviously is an oversight unless the manager came over and told you otherwise. Legally, no one can prove that you realized the wine was left off when you paid the bill as the burden of proof would be on the establishment. So, if you were asked, you could simply say "Oh, that was left off, I didn't realize, I just paid the bill and didn't really look at the itemization." In conclusion, if it were me, and I liked the waiter and the service I received, I would call the oversight of the wine to the waiter's attention so that I could pay for it. If the service was bad, however, I might not do so.

Answer 3

I don't understand the thought process that makes this a legitimate moral question. You bring it to the waiters attention and if it is an intentional waiver - they will let you know. Otherwise you are leaving without paying - that is stealing.

Answer 4

A & B are both stealing and thats just wrong. C is the way to go. You have to think if the resturant charged you double for the wine you would say something, right? So you should extend that same curtsey

Answer 5

Awwww, you're just pissy cuz you got stiffed on my bill last night and that beast of a night manager made you pay for the wine.
It was your fault, and on the way home we saw the same bottle at Cut Rate's window display for 9.99.
So we bought it, went home, drank it and toasted you for your stupidity.
Crybaby waiter. Next time go to the job interview your daddy set up for you, and you won't BE waiting tables for jerks like ME!

Answer 6

I think morally you should definitely point out the apparent error - if they have indeed given it to you as a "waiver" they will tell you. Legally I suspect that you are entitled to rely on the bill being all they want to charge you.

Answer 7

morally, you should bring it to the waiters attention as it will wind up coming out of his pay. legally, you only have to pay what you are billed for. some resturants if they know its a special occassion will not bill certain things. its just like if you have your car worked on and get the bill. you pay it and leave. they did work they forgot to put on the bill. since its not on the bill, your not liable to pay for it.

Answer 8

I would think of leaving with out paying for it, answer A. But my conscience would bother me to much. So I would call th waiter and point it out. My finale answer is C.

Answer 9

I would tell the waiter of the mistake.

Answer 10

a does sound tempting but i wouldnt dfo it on purpose because i probably wont look on the check fdor anymistakes unless it costs alot