If I offer US legal tender currency to a merchant and he says "Sorry, we don't accept cash." Is the transaction complete. In other words, do I get my purchase without paying, even though I offered????
2006-10-26 09:41:54 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
OK...now that the amateurs have answered and think it is a stupid question...let's get a real, legal answer.
2006-10-26 09:54:37 · update #1
The laws of legal tender have been overtaken by events . . . and by the laws on money laundering.
"Legal tender" has come to mean that banknotes may be used to pay obligations to the government that issued them.
Ironically, the laws on legal tender in the UK are such that much or most of the currency circulating, including Scottish and Northern Irish notes, are not legal tender. But any business would be stupid not to accept them.
No, you can't play that game. And small units of currency -- coins -- are not legal tender in large amounts.
2006-10-26 09:50:10 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Let me guess, Ace. You really think $100/hr lawyers are here on YA to give you free legal advice???????????
One need not be an attorney to answer this one. No, a merchant refusing to accept cash does not mean everything in the store is free. Get a life.
There are in all states laws applying to business. They are usually based on the Uniform Business Code, a national proposal for laws. Most states modify the UBC to suit its own political needs.
If you look it up, you will find there are detailed rules which cover an offer to sell and acceptance or refusal of that offer to sell. A seller can set any condition he/she wants in an offer to sell, as long as they aren't illegal. If you don't accept those conditions, there is no valid contract to sell.
It is somewhat strange that a merchant won't take cash, but in some dangerous locations, I can understand why it might be so.
There is no law which requires a merchant to accept cash for a sale.
Legal tender does apply for the payment of debts. If you owe $600 on a car that is about to be repossessed, as in a recent question, and you offer cash for that amount, then the person you owe the money to, is almost certainly required to accept the cash, or at least you will have legal recourse if he rejects it then repo's your car, since legal tender is indeed legal payment for all debts.
2006-10-26 09:53:43 · answer #2 · answered by retiredslashescaped1 5 · 1⤊ 0⤋
Im an attorney. And im telling you thats a stupid question.
Theres no consideration for the exchange. What did he get in exchange for you taking whatever it was you took? A smile? A handshake?
You never "purchased" it if you didnt tender some sort of compensation. You offered....ooooooooh, thats so coooool.
"We dont accept cash" = "We only take credit cards".
You need a lawyer to answer this? Fine, thats my "real, legal answer". But any candy store salesman can answer this.
Did you pay anything? No? Give the product back then, you dont get it for free...
Sheeeesh, what world are you living in? I love the people on here that are giving well-thought out answers with big words. Like this actually needs all that thought.....
2006-10-26 10:32:38 · answer #3 · answered by JusticeManEsq 5 · 0⤊ 2⤋
No.
Very fine line of technicality here.
What the phrase on currency means is that a person is required to accept it in payment of a debt.
In your case, the merchant has not agreed to the transaction yet, so there is no debt. They can condition the transaction on you paying in a specific manner or type of currency.
2006-10-26 09:52:51 · answer #4 · answered by open4one 7 · 0⤊ 0⤋
I would imagine no, you don't get your purchase. The whole point of transactions is to make a trade between the currency and whatever it is you're buying. Even if you offered cash and he refused, you still haven't "traded" anything for that purchase. Cash is just one way to trade, cheques, money orders, and debit are some other ways. If he doesn't take cash, you still have to give him something else to complete the trade, ie. cheque, use debit, etc. Unfortunately a lot of places are not accepting cash like they once used to because of fraud money and whatnot. My advice is to be sure you're carrying some other form of currency, such as a debit card or credit card, just in case.
2006-10-26 09:54:00 · answer #5 · answered by chicyuna 5 · 0⤊ 1⤋
No. Generally speaking, the transaction is not complete until you actually pay for you the merchandise you are trying to buy. A merchant generally has the right to specify acceptable forms of payment.
You should consult a contracts lawyer in your area for details. If you intend to try to take merchandise without paying for it, you should consult a criminal lawyer as well.
2006-10-26 09:44:26 · answer #6 · answered by www.lvtrafficticketguy.com 5 · 1⤊ 0⤋
Interesting. The best student of the professor was a perfect lawyer who could produce the fittest answer to the question of which the professor himself did not know the answer. His sort of analytical mind is what a good lawyer requires for arguing the cases in courts.
2016-05-21 22:56:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no the us currency is offered as tender but the services recieved are subject to the barter system of the retailor, you can not recieve un due benefits or gains
2006-10-26 09:57:22 · answer #8 · answered by James K 2 · 0⤊ 0⤋
If I offer to punch you in the stomach and you say "Sorry I don't want to be punched", am I then allowed to kick you in the head....?
OR
If I go to my wife and asked for us to get a dog, and she says "Sorry I don't want a dog" does that mean she wants a cat?
Illogical assumptions. You don't need a lawyer, just common sense.
2006-10-26 09:50:52 · answer #9 · answered by Anonymous · 1⤊ 1⤋
No because "no cash" is part of Terms of Trade
2006-10-26 09:49:42 · answer #10 · answered by Impavidus 3 · 0⤊ 0⤋