A man pays with a $20 bill after having his shoes shined at a booth advertising $5 per shining. The shoe shine proprietor cannot make change and refuses to return the money. What, if any, crime has occurred here?
2006-07-23 08:39:33 · 9 answers · asked by Wayne W 2 in Politics & Government ➔ Law Enforcement & Police
The crime would be petty theft by deception, on the part of the proprietor.
When the man sat down to get his shoes shined, he wasn't privie to the fact that the man didn't have change for a $20.,
He sat down with every intention of paying the proprietor for services rendered.
The proprietor never told the man during the performance of the service, that he did not have enough money to make change.
The man faithfully fulfilled his obligation to pay.
The proprietor, by his refusing to give the man his $15. in change, is withholding property belonging to the man. The proprietor doesn't have a leg to stand on, since no signs are posted. And as a proprietor, it is his job and responsibility, to prepare for any contingency in his business.
Solution: Since the man demonstrated good faith by paying for the service, the proprietor should give him his $20. back, and accept an IOU for the man to pay back later.
The proprietor is liable.
2006-07-23 09:07:43 · answer #1 · answered by classyjazzcreations 5 · 2⤊ 0⤋
I will not hold myself out as being an expert on this one, but from a California perspective, I'll try to dissect your situation to add another viewpoint. The vendor advertized a set price of $5. You gave him one set of shoes that fit the description of what the set price refers to. Up to this point in time we assume there's no other advertizing that qualifies the price listings. You gave the vendor a $20, which isn't an unreasonable amount and I presume there was no posting that said exact change was required. I would agree with those who raised the issue of petty theft. He took the $5 for payment for the shoe shining, and he took $15 that he was not authorized to take and kept it.
But techicalities don't get your money back. There are some variables that may decide which side of the coin, civil or criminal, the event will fall. There may have been more to your business conversation that we're not aware of. What happened when you bitterly complained? Did he just blow you off with a 'too bad sucker' or did he give a reason for taking the $20 (even though you do not agree with the reason) or did he offer to reimburse you and suggest how to do it? You can certainly take the guy to small claims court. If you go with a 'he said, she said' case, and no other supporting evidence, and he denies the whole thing, the judge won't be able to decide in your favor. And if you call the police and make a complaint, the same unsatisfactorily results might occur, if he denies it and you cannot prove his lie.
It would sure piss me off too (sorry for the language) if something like that happened to me though and I'd be thinking of all sorts of remedies just out of the indignity of it all, but beyond all that....I don't know what esle to say.
2006-07-23 18:02:00 · answer #2 · answered by nothing 6 · 0⤊ 0⤋
1. Theft, by refusing to return $15.00. The business man has the responsibility of making the change.
2. False advertising. By charging $20.00 for an advertised $5.00 shine.
3. Assault and battery. Because if he wouldn't return my change, I would end up beating the tar out of him. Oh yeah, he'd need an ambulance.
2006-07-23 15:49:12 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well im not a lawyer but my assumption is that a $20 bill is legal tender. And it falls to the responsibility of the shoe shiner to produce the change. If he cant then he cant just keep the money. If he refuses to return the money then he is stealing.
2006-07-23 15:44:46 · answer #4 · answered by Ski_Bum 3 · 0⤊ 0⤋
In many cases, the charges would be assault and damage to property. This is because many people would have beat up the shoe shine guy and destroyed his shine equipment. I'm only kidding.
If I were you, I would go back the next day and ask the guy if he has your fifteen dollars. Otherwise, I would say he owes you about three shoeshines.
2006-07-23 18:36:19 · answer #5 · answered by Perfectly Said 3 · 0⤊ 0⤋
It depends upon the jurisdiction (state). In most places it would be theft.
2006-07-23 16:12:47 · answer #6 · answered by Dan S 2 · 0⤊ 0⤋
For most jurisdictions, this would be petty theft.
2006-07-23 15:43:42 · answer #7 · answered by Carl 7 · 0⤊ 0⤋
yeah-good luck with that....after the fact-after you walked away....not much of an option.
2006-07-23 15:44:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
theft...if they do anything, the guy will have to do community service
2006-07-23 15:45:27 · answer #9 · answered by Lorraine 3 · 0⤊ 0⤋